DUTCHESS COUNTY ADMINISTRATIVE CODE
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Article I
Article II
Article III
Article IV
Article V
Article VI
Article VII78
Article VIII
Article IX79
Article X
Article XI61
Article XII
Article XIII
Article XIV
Article XV
Article XVI 70
Article XVII 73
Article XVIII
Article XIX
Article XX
Article XXI
Article XXII
Article XXIII
Article XXIV 64, 65, 67
Article XXV 66
Article XXVI
Article XXVII
Article XXVIII
Article XXIX
Article XXX
Article XXXI
Article XXXII 59
Article XXXIII
Article XXXIV
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SHORT TITLE AND DEFINITIONS
LEGISLATIVE BRANCH
EXECUTIVE BRANCH
FINANCE, DEPARTMENT OF
BEHAVIORAL & COMMUNITY HEALTH, DEPARTMENT OF
LAW, DEPARTMENT OF
HUMAN RESOURCES, DEPARTMENT OF
PLANNING AND DEVELOPMENT, DEPARTMENT OF
PUBLIC DEFENDER, DEPARTMENT OF
PUBLIC WORKS, DEPARTMENT OF
COMMUNITY AND FAMILY SERVICES, DEPARTMENT OF
EMERGENCY RESPONSE, DEPARTMENT OF
COMPTROLLER
COUNTY CLERK
DISTRICT ATTORNEY
SHERIFF
PUBLICATION OF LOCAL LAWS
PROCUREMENT PROCEDURES
FINANCIAL PROCEDURES
OTHER COUNTY UNITS
DUTCHESS COMMUNITY COLLEGE
GENERAL PROVISIONS
SERVICE RELATIONSHIPS
CODE APPLICATIONS AND TRANSITIONAL PROVISIONS
Table of Contents - i
ARTICLE I
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SHORT TITLE AND DEFINITIONS
Section
1.01.
Title.
1.02.
Purposes, Further Rules, Regulations and Manuals.
1.03.
Effect on State Law.
1.04.
Effect on Local Law and Enactments.
1.05.
Definitions.
Article I - 1
Section 1.01. Title.
This Code, and all amendments hereto, shall be known and may be cited as the
"Dutchess County Administrative Code".
Section 1.02. Purposes, Further Rules, Regulations and Manuals.
The purpose of this Code is to set forth the details of administration of the
Dutchess County government, consistent with the provisions of the Dutchess County Charter.
The County Executive shall promulgate and maintain a Manual of Management Policies,
Organization and Procedures to further implement the provisions of the Dutchess County Charter
and this Code with respect to the powers and duties of his office.
Section 1.03. Effect on State Law.
Any State law which is inconsistent with this Code shall be superseded by this
Code to the extent inconsistent and within the limits prescribed by law.
Section 1.04. Effect on Local Law and Enactments.
All existing laws, ordinances, legalizing acts and resolutions of the County shall
remain operative except where inconsistent with this Code, provided, however, that the
provisions of this Code shall not be construed to invalidate or impair any provision of the
Dutchess County Charter.
Section 1.05. Definitions.
Whenever used in this Code, local laws, ordinances, legalizing acts or resolutions,
unless otherwise expressly stated or required by subject matter or context.
(a) "County" shall mean the County of Dutchess,
(b) "Charter" shall mean the Dutchess County Charter
and all amendments thereto,
(c) "Administrative Code" and "Code" shall mean the
administrative code adopted by and for the County
of Dutchess and all amendments hereto,
(d) "local law" shall mean a law adopted pursuant to
the Charter within the power granted by the
Constitution of the State of New York, an act of
the State Legislature or a provision of the
Charter, but shall not include ordinances,
legalizing acts or resolutions;
Article I - 2
(e) "ordinance" shall mean a legislative act, not
subject to referendum, adopted pursuant to the
Charter and relating to property or any other
subject of County concern not required to be
enacted by local law, legalizing act or
resolution;
(f) "legalizing act" shall mean a legislative act, not
subject to referendum, which legalizes and
validates any act had and taken in connection with
a lawful municipal object or purpose by the
governing board or other local body, officer or
agency of a municipality wholly within the County,
in the manner and under the conditions prescribed
in the County Law, as amended, or other applicable
law;
(g) "resolution" shall mean a legislative act other
than a local law, ordinance or legalizing act,
adopted pursuant to the Charter, but not subject
to referendum;
(h) "legislative branch" shall mean the County Legislature
and all units of government within its jurisdiction;
(i) "executive branch" shall mean the County Executive
and all units of government within his
jurisdiction;
(j) "department" shall mean each of those units of the
executive branch set forth in Articles IV through
XIX of the Charter,
(k) "officer" shall mean a person in the County
government who has authority to exercise some
portion of the sovereign power, either in making,
executing or administering the laws;
(l) "division" shall mean a unit within a department
or office of an appointed or elected officer;
(m) "committee" shall mean a body of persons appointed
in the manner herein provided for the purpose of
investigating, studying or reporting on matters of
transitory County interest;
Article I - 3
(n) "commission" shall mean a body of persons
appointed in the manner herein provided for the
purpose of investigating, studying, reporting,
drafting and advising on matters of County
interest;
(o) "board", except as otherwise provided herein,
shall mean a body of persons appointed in the
manner herein provided for the purpose of studying
and advising on matters of continuing County
interest;
(p) "deputy" shall mean a County officer authorized by
his principal to exercise delegated discretionary
powers and duties;
(q) "unit" shall mean any part of the County
government including officers thereof;
(r) "judiciary" shall mean judges;
(s) "qualified elector" shall mean a person qualified
to cast a ballot in a County election;
(t) "quorum" shall mean a majority of the total
number;
(u) "total number" shall mean the number of a duly
constituted body if there were no vacancies and no
persons disqualified from acting.
Article I - 4
A R T I C L E II
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LEGISLATIVE BRANCH
Section.
2.01.
County Legislature; Employees; Officers.
2.02.
County Legislature; Meetings Open to Public.
2.03.
Chairman of the County Legislature; Vacancy.
2.04.
Membership Vacancy; Selection of Interim Successor.
2.05.
Authorization for Conference Expenses.
2.06.
Petty Cash Funds.
2.07.
Seal of the County Legislature.
Article II - 1
Section 2.01. County Legislature; Employees, Officers.
The County Legislature, and all officers and employees thereof, shall comprise
the legislative branch of Dutchess County government.
Section 2.02. County Legislature; Meetings Open to Public.
All meetings of the County Legislature shall be open to the public, and its records
open to public inspection.
Section 2.03. Chairman of the County Legislature; Vacancy.
If the County Legislature shall fail to select a Chairman within thirty (30) days
after that office shall have become vacant for any reason, the Clerk of the County Legislature, on
the thirty-first day after its occurrence, shall certify in writing that the position of the Chairman
has been vacant for thirty days, and shall cause such certification to be delivered by hand that
same day to the Office of the County Executive. The County Executive, as soon thereafter as
practicable, shall appoint a member of the County Legislature to serve as its Chairman for the
balance of the calendar year. Such appointment shall be in writing and filed with the Clerk of
the County Legislature and the County Clerk. The Clerk of the County Legislature, upon receipt
of such appointment, shall notify each member of the County Legislature of the County
Executive's action by written notice of appointment duly mailed to the address of each member
of the Legislature as given to the Clerk of the County Legislature.
Section 2.04. Membership Vacancy; Selection of Interim Successor.
(a) Whenever a vacancy in the membership of the County Legislature shall occur,
the Clerk of the County Legislature shall, within five (5) days of the occurrence of such vacancy,
notify in writing the following persons:
Article II - 2
(1) in single town districts, the town clerk of said town and the town
supervisor;
(2) in multiple town districts, the town clerks and town supervisors of all
towns within the district;
(3) in the City of Poughkeepsie, the city clerk of said City, and the
presiding officer of the Common Council;
(4) in the City of Beacon, the city clerk of said City, and the presiding
officer of the City Council.
(b) The town supervisor in single town districts, or the town supervisor of the
most populous town in multiple town districts, or the presiding officer of the Poughkeepsie
Common Council, or the presiding officer of the Beacon City Council, as the case may be, shall,
within twenty (20) days after receipt of such notification, convene and preside at a meeting of
persons designated by Section 2.13 of the Charter to select an interim successor.
(c) When such interim successor has been selected at such meeting, the presiding
officer of such meeting shall certify in writing to the Clerk of the County Legislature the name of
the interim successor. The person selected shall take and file his oath of office pursuant to law,
and shall be entitled to take his seat on the County Legislature at its next meeting, and hold such
office pursuant to Section 2.13 of the Charter.
(d) In the event an interim successor has not been selected during the first thirty
(30) days after the occurrence of the vacancy, the Clerk of the County Legislature
shall certify in writing to the Board of Elections that such vacancy has existed for thirty (30)
days consecutively, and the Board of Elections shall conduct a special election pursuant to
Section 2.13 of the Charter.
Article II - 3
Section 2.05. Authorization for Conference Expenses.
The County Legislature may authorize any member, officer or employee of the
Legislative Branch to attend any convention, conference, school, or other function for the
betterment of county government. Within the appropriation therefor and when so authorized, all
necessary and actual expenses in connection therewith shall be paid from county funds.
Section 2.06.
Petty Cash Funds.
The County Legislature may establish a
revolving petty cash fund, in such amount as it may determine, for any officer or unit of county
government, except the Dutchess Community College. Expenditures from a petty cash fund may
be made only for payment in advance of audit of properly itemized and verified bills or claims.
After audit of such bills or claims by the Comptroller, the Commissioner of Finance shall
reimburse to such petty cash fund, from the appropriate budgetary item or items, the amount so
audited and allowed.
Section 2.07. Seal of the County Legislature.
The seal of the County of Dutchess shall be the seal of the County Legislature.
Such seal shall be used for all authorized and required purposes.
Article II - 4
A R T I C L E III
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EXECUTIVE BRANCH
Section
3.01
County Executive; Procurement Policies.
3.02
County Executive; Personnel Administration.
3.03
County Executive; Financial Policies.
3.04
County Executive; Central Services.
3.05
County Executive; Other Powers and Duties.
3.06
Investigations; Subpoenas; Oaths and
Affirmations.
3.07
Fixing of Equalization Rates.
3.08
Conflict of Interest.
3.09
Seal of the County Executive.
Article III - 1
Section 3.01. County Executive; Procurement Policies.
The County Executive, within appropriations provided therefor, may designate a
person or unit within the executive branch to assist him in the purchasing, sale, rental and
servicing of all materials, supplies and equipment for the County as provided in Article XXVIII
of the Code. The County Executive may authorize such designee to approve and execute any or
all such contracts on behalf of the County. The County Executive, or his designee, shall, among
other related powers and duties:
(a) establish and maintain a central purchasing system;
(b)
establish and enforce standard specifications with respect to supplies,
materials, equipment and services;
(c) inspect or supervise, or otherwise provide for the inspection or supervision of,
all deliveries of supplies, materials and equipment and determine their quality, quantity and
conformance to specifications;
(d) disburse and transfer supplies, materials and equipment among and between
the various units of government;
(e) sell or lease surplus, obsolete or unused supplies, materials and equipment
under such rules and regulations as may be established by resolution of the County Legislature.
(f) prepare and update annually an inventory of all real or personal property of
the County, and make such inventory available to the various units of government; and
(g) upon the request of any city, town, village, school district or other unit of
local government, provide central purchasing services for all or part of its purchases, upon such
conditions as may be prescribed by the County Legislature.
Section 3.02. County Executive; Personnel Administration.
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Article III - 2
The County Executive, within appropriations provided therefor, may designate a
person within the executive branch to assist him in administering a personnel and employee
relations program. The County Executive, or his designee, shall, among other related powers
and duties:
(a) maintain and administer a salary plan for Dutchess County employees and
periodically resurvey prevailing salaries and recommend amendments to the County Legislature
to eliminate inequities, recruiting difficulties and employee turnover problems;
(b) institute programs to insure that each incoming county employee is properly
advised of the characteristics and practices of county employment and receives necessary
orientation and prework-assignment training;
(c) determine those aspects of employment, working conditions, benefit programs
and employee activities which would be conducive to improving employee morale and
performance as a basis for recommending necessary action to the County Legislature; and
(d) negotiate and administer on behalf of the County agreements with recognized
employee representatives concerning conditions of employment, wages, employee sick leave,
vacation, health insurance, retirement plans and such other matters as may come before him, and
recommend necessary action to the County Legislature.
Section 3.03. County Executive; County Financial Policies.
The County Executive, within appropriations provided therefor, may designate a
person within the executive branch to assist him in the preparation of a tentative County budget,
as provided in Article XXIX of the Code. The County Executive, or his designee, shall, among
other related powers and duties:
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(a) provide for the submission to, and the review and amendment by, him or his
designee, of unit budget requests and their presentation to the County Legislature;
(b) provide for the preparation of a long range capital program for the County of
Dutchess with detailed plans to meet the physical facilities needs of the County; and
(c) provide for budget controls and allocation of appropriated funds in the most
efficient and economical fashion.
Section 3.04. County Executive; Central Services.
The County Executive, within appropriations provided therefor, may designate
one or more persons or units within the executive branch to assist him in administering
supporting services or facilities required in common by the various units for maximum economy
and effectiveness. The County Executive, or his designee shall, among other related powers and
duties:
(a) have custody of and supervise the installation, operation and maintenance of
all data processing equipment, supervise the personnel assigned to operate such equipment and
consult and advise with personnel and heads of units in identifying applications which can
advantageously be made to achieve full efficiency, economy and utilization of such equipment;
(b) maintain and operate facilities for the central receipt, distribution, processing
and collection of mail and messages from and between units designated by the County
Executive; and
(c) maintain and operate facilities for the central reproduction of printed matter.
Section 3.05. County Executive; Others Powers and Duties.
In addition to the enumerated powers and duties set forth in the Charter, this Code
or applicable law, the County Executive shall be empowered to:
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Article III - 4
(a) authorize any officer or employee paid from County funds, except members,
officers and employees of the legislative branch, to attend, at County expense, any convention,
conference, school or function deemed to be in the interest of County government;
(b) transfer employees temporarily between units of the executive branch;
(c) determine what officer or employee of the executive branch shall exercise
powers or perform duties not otherwise assigned by the Charter, this Code, local law, ordinances
or resolutions of the County Legislature, or any applicable provision of any act of the
Legislature;
(d) declare the existence of an emergency affecting the life, health or safety of
inhabitants of Dutchess County, and, except as otherwise specifically provided by law, perform
all acts necessary for the protection of such inhabitants, and execute all necessary documents to
effectuate this authorization; and
(e) make such recommendations to the County Legislature as he may deem
advisable.
Section 3.06. Investigations; Subpoenas; Oaths and Affirmations.
(a)
The County Executive may issue a subpoena requiring any officer or
employee under his jurisdiction to attend before him and be examined in reference to any matter
within the scope of any study or investigation of the affairs, functions, accounts or personnel of
the County government and, in a proper case, to bring with him books, papers, documents and
other evidence. The provisions of the Civil Practice Law and Rules in relation to enforcing
obedience to a subpoena lawfully issued by a judge, arbitrator, referee or other person in a matter
not arising in an action in a court of record shall apply to a subpoena issued as authorized by this
section.
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Article III - 5
(b) The County Executive, within appropriations provided therefor, may employ,
contract with or otherwise retain all personnel necessary for the conduct of such study or
investigation, and in connection therewith, may designate any county officer to preside,
administer oaths or affirmations, examine witnesses, receive evidence and report his finding and
recommendations to the County Executive.
Section 3.07. Fixing of Equalization Rates.
On or before the first day of October of each year, after obtaining such
information or holding such hearings as he may deem necessary or advisable, the County
Executive shall determine and fix the real property tax equalization rates among the various tax
districts of the County for County purposes, and shall file the same on or before such date,
together with an abstract of computations upon which such rates are based, with the Clerk of the
County Legislature and the State Board of Equalization and Assessment.
The basis for
computation of such rates shall be preserved by the County Executive and an abstract thereof
shall be published with the County equalization rates in the Journal of Proceedings of the County
Legislature.
Section 3.08. Conflict of Interest.
The County Executive shall not be an officer, director or stockholder of any
depository or depositories designated by him pursuant to Section 3.02 (g) of the Charter, nor in
any business proposing to supply equipment, supplies, materials or service pursuant to Section
3.01 of the Code.
Section 3.09. Seal of the County Executive.
The seal of the County of Dutchess shall be the seal of the County Executive.
Such seal shall be used for all authorized and required purposes.
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Article III - 6
A R T I C L E IV
Article IV - 1
ARTICLE V
Article V - 1
A R T I C L E VI
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DEPARTMENT OF FINANCE43
Section
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6.01.
Bonded Indebtedness.
6.02.
Submission of Budget Data.
6.03.
Custody of Documents.
6.04.
Regular Statements.
6.05.
Statement of Financial Condition.
6.06.
Depository Undertakings.
6.07.
Submittal of Proposed Equalization Rates.
6.08.
Tax Preparation.
6.09.
Bond of Commissioner of Finance.
6.10.
Seal of the Commissioner of Finance.
6.11.62
Division of Real Property Tax Services, Director, Appointment,
Term, Powers and Duties.
Article VI - 1
Section 6.01. Bonded Indebtedness.
The Commissioner of Finance shall conduct the sale of all bonds pursuant to the
provisions of the Local Finance Law, and shall keep a record of all indebtedness, bonded or
otherwise, of the County.
Section 6.02. Submission of Budget Data.
The Commissioner of Finance shall prepare and submit to the County Executive
annually, on such date and on such forms as
the County Executive may prescribe, such
information as may be required in the preparation of the tentative County budget.
Section 6.03. Custody of Documents.
The Commissioner of Finance shall have custody of all insurance policies, surety
bonds, deeds to County property and such other instruments as the County Executive may direct.
Except as otherwise provided by law, he shall file and maintain as public records all original
instruments pertaining to real estate and duplicates of all other documents executed, issued or
received for the County by any officer or unit thereof, provided, however, that upon the sale of
any real estate of the County, the documents relating thereto may be transferred to the purchaser.
Section 6.04. Regular Statements.
The Commissioner of Finance shall make and file with the Comptroller, as the
Comptroller shall require, regular statements of all funds and moneys received and disbursed, of
whatever name or nature.
57
Section 6.05. Statement of Financial Condition.
(a) In addition to the annual report required by Section 6.02 (e) of the Charter, the
Commissioner of Finance shall, on or before the 25th day of February, May, August, and
November and at such other times as the County Legislature, by resolution, may direct, submit to
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Article VI - 2
the County Executive, the Comptroller, and the County Legislature a statement of the financial
condition of the County as of the last day of the preceding calendar quarter-year.
(b) Such statement shall reflect the aggregate revenues received for general
County purposes and for each appropriation account or fund where required by law to be
expended for the purpose of such account or fund. It shall also indicate for each such account
the amount appropriated, the amount encumbered but remaining unexpended, the aggregate
expenditures and the unencumbered balance, together with such other information as the County
Executive, Comptroller or County Legislature may require.
Section 6.06. Depository Undertakings.
(a) Each depository designated by the County Executive pursuant to Section 3.02
(g) of the Charter shall, for the benefit of the security of the County and before receiving any
such deposit, give to the County a good and sufficient undertaking, approved as to the
sufficiency of surety by the County Executive and as to form by the County Attorney. Such
undertaking shall specify the amount which the Commissioner of Finance shall be authorized to
have on deposit at any one time with such depository. Such undertaking shall provide (1) that
such depository shall faithfully keep and pay over, on the order or warrant of the Commissioner
of Finance, or other lawful authority, such deposits and the agreed interest thereon, and (2) for
the payment of such bonds or coupons as by their terms are made payable at a bank or banks for
the payment of which a deposit shall be made by the Commissioner of Finance with such
depository. The County Executive may increase the amount which any such depository is
authorized to have on deposit at any one time and require additional undertaking therefor. The
Commissioner of Finance shall file each such undertaking with the County Clerk.
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Article VI - 3
(b) In lieu of such undertaking a depository may execute its own undertaking in
such form and upon such conditions as may be prescribed by law and as collateral thereto shall
deposit with the Commissioner of Finance outstanding unmatured bonds or other obligations of
the United States of America, State of New York, or of any county, town, city, village or school
district in the State of New York authorized to be issued by law in the face amount at all times at
least equal to the amount on deposit less the amount certified by the depository as covered by
insurance under the Federal Deposit Insurance Act. The collateral shall be approved as to
amount and sufficiency by the Commissioner of Finance accepting the same. The depository
shall deposit with the Commissioner of Finance an assignment in blank of such collateral. The
Commissioner of Finance shall deliver a certificate of deposit containing a description of the
bonds or other securities so deposited as collateral. In the event of a default on the undertaking
of any depository and the consequent necessity to complete the assignment in blank, the
Commissioner of Finance shall complete the assignment and shall be deemed to be the agent of
the assignor for such purpose. The Commissioner of Finance may from time to time require the
depository to increase the amount of securities deposited and may from time to time release
securities whenever the amount of the balance on deposit shall be lawfully reduced. Upon the
withdrawal of all moneys from any depository and the closing and settlement of the account
thereof, the Commissioner of Finance may require the surrender of the certificate of deposit and
thereupon shall return the securities so deposited as collateral. Whenever, in the judgment of the
Commissioner of Finance, it appears that additional facilities for the safeguarding of the
securities deposited with him are essential, he may lease or rent a safety deposit box and the cost
thereof shall be audited and paid as a County charge. The depository, with the consent of the
Commissioner of Finance, may deposit such securities in a safety deposit box maintained by the
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Article VI - 4
depository under the joint control of the depository and the Commissioner of Finance, or if such
depository has and maintains a separate trust department, said depository may, with like consent,
deliver such securities to said trust department, or may, with like consent, deposit such securities
in escrow in the trust department of any other bank within the State of New York to be held by it
subject to the joint order of the depository and the Commissioner of Finance, and all expenses in
connection therewith shall be borne by the depository.
(c) The Commissioner of Finance shall not be liable for the loss of public funds
of the County by reason of the default or insolvency of a designated depository, provided such
funds have been deposited in accordance with the provisions of this section. In the event that
securities have been deposited as provided in paragraph (b) of this section, such Commissioner
of Finance shall be liable to the extent of any loss in excess of the face amount of such securities
on deposit at the time of such insolvency.
Section 6.07. Submittal of Proposed Equalization Rates.
The Commissioner of Finance shall, on or before the fifteenth day of September,
submit to the County Executive the proposed County tax equalization rates and any other
information which the County Executive shall request in connection therewith.
Section 6.08. Tax Preparation.
The Commissioner of Finance shall perform, or cause to be performed, all duties
in relation to ascertaining, spreading, entering and extending taxes levied by the County
Legislature for all state, county, town and special district purposes, and including the preparation
of tax rolls and the issuance of tax bills for such taxes. Nothing herein shall be construed to
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Article VI - 5
affect the power of the Cities of Poughkeepsie and Beacon to levy and collect State and County
taxes on all taxable property within said Cities, pursuant to law.
Section 6.09. Bond of Commissioner of Finance.
The Commissioner of Finance and such of his deputies, officers and employees as
the County Legislature or the County Executive shall require, shall give a surety bond to the
County in a sum fixed by the County Legislature conditioned for the faithful performance of his
duties. Such bond shall be approved as to form by the County Attorney and as to sufficiency of
surety by the County Executive, and shall be filed with the County Clerk. It shall be a charge on
the County.
Section 6.10. Seal of the Commissioner of Finance.
The seal of the County of Dutchess shall be the seal of the Commissioner of
Finance. Such seal shall be used for all authorized and required purposes.
Section 6.11. Division of Real Property Tax Services, Director, Appointment,
Term, Powers and Duties.62
(a)
There shall be within the Department of Finance, an independent Division of Real
Property Tax Services under the direction of a Deputy Commissioner of Finance/
Director of Real Property Tax Services. The qualifications of the Deputy
Commissioner of Finance/Director of Real Property Tax Services shall conform
to those prescribed by the State of New York for county directors of real property
tax service agencies pursuant to Article 15-A, Section 1530 of the New York
State Real Property Tax Law. The Deputy Commissioner of Finance/Director of
Real Property Tax Services shall be appointed by the County Executive for a term
of six (6) years.
(b)
The Deputy Commissioner of Finance/Director of Real Property Tax Services
shall have all of the powers and perform all of the duties conferred or imposed by
Article 15-A of the Real Property Tax Law, including but not limited to the
extension of real estate taxes, the issuance of tax bills, the maintenance of County
assessment records, the submission to the County executive of tax equalization
rates and the rendering of assistance to assessors throughout the County in the
performance of their responsibilities and shall perform such other and related
duties required by the County Executive or County Legislature.
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Article VI - 6
43
Article IV, Finance, Department of renumbered Article VI by Resolution No. 195
of 1997. Local Law No. 6 of 1997.
57
Section 6.05, Statement of Financial Condition (a) amended by Resolution No.
201 of 1997. Local Law No. 8 of 1997.
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Section 6.11. Division of Real Property Tax Services, Director, Appointment,
Term, Powers and Duties. Added by Resolution No. 2010348, Local Law No. 3 of 2011.
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Article VI - 7
A R T I C L E VII
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DEPARTMENT OF BEHAVIORAL & COMMUNITY HEALTH 45, 78
Section
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7.01.
Board of Health; Sanitary Code; Procedure for Adoption.
7.02.
County Sanitary Code; Violations and Penalties.
7.03.
Board of Health; Powers and Duties.
7.04.
Health Services; Intergovernmental Cooperation.
7.05
Mental Hygiene
Meetings.
7.06
Mental Hygiene Advisory Board; Powers and Duties.
Advisory
Article VII - 1
Board;
Appointment;
Officers;
Section 7.01. Board of Health; Sanitary Code; Procedure for Adoption.
(a) The affirmative vote of a majority of the total membership of the Board of
Health shall be required to pass any rule, regulation, order or direction which constitutes an
amendment or addition to the County Sanitary Code. On the final passage, the question shall be
taken by ayes and noes, and the names of the members present and their vote shall be entered in
the minutes of proceedings.
(b) Every rule, regulation, order or direction which constitutes an amendment or
addition to the County Sanitary Code shall be mailed or delivered in final form to each member
at least 10 calendar days, exclusive of Sunday, prior to its final passage, unless the County
Executive certifies as to the necessity for its immediate passage, and, in such event, such rule,
regulation, order or direction may be passed by the affirmative vote of two-thirds of the total
membership of the Board of Health.
(c) The Board of Health shall hold a public hearing on every rule, regulation,
order or direction which constitutes an amendment or addition to the County Sanitary Code prior
to its final passage. Such public hearing shall be on at least five days' notice, published in the
official daily newspapers in the County of Dutchess.
(d) The Board of Health shall cause to be published annually a supplement to the
County Sanitary Code which shall indicate all additions to, repeals, and amendments of any
section of said Code.
(e) The Commissioner of Behavioral & Community Health shall cause to be
furnished certified copies of the County Sanitary Code and its amendments for such fee as may
be authorized by law.
Section 7.02. County Sanitary Code; Violations and Penalties.
The provisions of the County Sanitary Code shall have the force and effect of law. Any violation
or non-conformance with any provision of such County Sanitary Code or of any rule, regulation,
order or direction made thereunder shall constitute a misdemeanor punishable by a fine of not
more than fifty dollars or by imprisonment for not more than six months or by both such fine and
imprisonment. Certified copies of the County Sanitary Code shall be received in evidence in all
courts and proceedings in the State.
Section 7.03. Board of Health; Powers and Duties.
The Board of Health shall, in consultation with the Commissioner, prepare recommendations for
meeting the public health needs of Dutchess County. Copies of the recommendations shall be
transmitted to the County Executive for his or her evaluation and referral within sixty (60) days
to the County Legislature and the State Commissioner of Health. The Board of Health shall have
and exercise such other powers and duties conferred upon such Board by the County Charter or
this Code.
Section 7.04. Health Services, Intergovernmental Cooperation.
The County Executive, upon recommendation of the Commissioner and the Board of Health,
shall have the power to enter into contracts to obtain or render health services, pursuant to
Section 33.02 of the Charter.
Code
Reissued 02/16
Article VII - 2
Section 7.05. Mental Hygiene Advisory Board; Appointment; Officers; Meetings.
There shall be in the Department of Behavioral & Community Health a Mental Hygiene
Advisory Board whose members shall be appointed by the County Legislature in the manner and
for the term provided in the Mental Hygiene Law for Community Mental Health Boards. Each
member of the Community Mental Health Board shall continue to hold office for the balance of
his or her other respective term, at the conclusion of which the applicable appointive provisions
of this Code shall become effective. The Mental Hygiene Advisory Board shall elect annually a
Chairman, Vice-Chairman, and a Secretary from among its members. Meetings of the Mental
Hygiene Advisory Board shall be held at least quarterly at the call of the Chairman of such
Board or the Director of Community Services, on three (3) days' written notice, mailed to such
board members. Vacancies in the membership of said Board, occurring otherwise than by
expiration of term shall be filled by appointment by the County Legislature for the unexpired
terms.
Section 7.06. Mental Hygiene Advisory Board; Powers and Duties.
The Mental Hygiene Advisory Board, shall in consultation with the Director of
Community Services prepare recommendations for meeting the mental health needs of Dutchess
County. Copies of the recommendations shall be transmitted to the County Executive for his or
her evaluation and referral within sixty (60) days to the County Legislature and the State
Commissioner of Mental Hygiene. The Mental Hygiene Advisory Board shall have and exercise
such other powers and duties conferred upon such Board by the County Charter or this Code.
45
Article VI, Health, Department of renumbered VII by Resolution No. 195 of
1997. Local Law No. 6 of 1997.
78
Article VII, amended to rename the Department of Health to the Department of
Behavioral & Community Health, update title of Commissioner in subparagraph (e) and add new
Sections 7.05 and 7.06, by Resolution No. 2015250 and Local Law No. 7 of 2015.
Code
Reissued 02/16
Article VII - 3
A R T I C L E VIII
__________________
DEPARTMENT OF LAW44
Section
8.01.
Deputy and Assistant County Attorneys.
8.02.
Inconsistent Interests Among County Officials.
8.03.
Confidential Secretary, Appointment.
8.04.
Expert Assistance.
8.05.
Supplement to Charter and Code.
8.06.
Waiver of Filing Fees.
Article VIII - 1
Section 8.01. Deputy and Assistant County Attorneys.
Every appointment of a confidential deputy county attorney or an assistant county
attorney by the County Attorney shall be in a writing filed and recorded in the Office of the
County Clerk. The person or persons so appointed shall take the prescribed oath of office and
furnish any required official undertaking. Any such appointment may be revoked by the County
Attorney at any time by filing a written revocation in the Office of the County Clerk.
Section 8.02. Inconsistent Interests Among County Officials.
Whenever the interests of the County Legislature or the county are inconsistent
with the interests of any other officer paid his compensation from county funds, the County
Attorney shall represent the interest of the County Legislature and the County. In such case the
officer may at his own expense employ an attorney at law.
Section 8.03. Confidential Secretary; Appointment.
The County Legislature may create the position of confidential secretary to the
County Attorney. Such position shall be in the exempt class of the civil service. The County
Attorney shall appoint such confidential secretary, who shall serve at his pleasure.
Section 8.04. Expert Assistance.
The County Attorney may, within the limits of appropriations provided therefor,
employ special counsel, professional, technical or other consultant services and incur such
expenses in connection therewith as he may deem necessary for the performance of his duties.
Section 8.05. Supplement to Charter and Code.
The County Attorney shall prepare annually a supplement to the County Charter
and Administrative Code, which shall indicate all additions to, repeals and amendments of any
section of the Charter or Code.
Article VIII - 2
Section 8.06. Waiver of Filing Fees.
No office, officer, department or court of the County shall require from the
Department of Law any filing or recording fee or other charge pertaining to or in connection with
the work of said Department.
44
Article V, Law, Department of renumbered VIII by Resolution No. 195 of 1997.
Local Law No. 6 of 1997.
Article VIII - 3
A R T I C L E IX79
__________________
51
Article IX, Mental Hygiene, Department of renumbered IX by Resolution No. 195
of 1997, Local Law No. 6 of 1997.
79
Article IX, Mental Hygiene, Department of deleted by Resolution No. 2015250,
Local Law No. 7 of 2015. The Department of Mental Hygiene merged with the Department of
Behavioral & Community Health. See Article VII.
Code
Reissued 2/16
Article IX - 1
ARTICLE X
Article X - 1
A R T I C L E XI
___________________
DEPARTMENT OF HUMAN RESOURCES 46, 61
Section.
Code
Reissue 4/11
11.01.
Commissioner of Human Resources 61; Qualifications.
11.02.
Commissioner; Powers and Duties.
11.03.
Certification of Payrolls.
11.04.
Cooperation by and With Administrative Unit Heads.
Article XI - 1
Section 11.01. Commissioner of Human Resources61; Qualifications.
The Commissioner of Human Resources61 shall have at least ten years in
education, training or professional experience in personnel administration, and the County
Executive shall certify his qualifications, at the time of appointment, to the County Legislature.
Section 11.02. Commissioner; Powers and Duties.
Among the powers and duties of the Commissioner provided in Section 11.02 of
the Charter, the Commissioner shall:
(a) Establish, in cooperation with the other heads of units of county government,
a program of employee recruitment designed to acquaint interested persons with the
opportunities for employment in Dutchess County government, and to provide Dutchess County
government with a steady influx of qualified employees to fill vacancies in established positions;
(b) Maintain, in cooperation with the other heads of units of county government,
a central file of job opportunities in Dutchess County government, and make provisions for the
dissemination of such information to the public; and
(c) Establish and maintain a roster of all county officers and employees. Such
roster shall show for each county officer and employee the date of appointment or election, the
title of the position, the rate of pay and rate changes, promotions, demotions, transfers, the time
and cause of separations from county employment and any other information the Commissioner
considers necessary for a proper personnel record.
Section 11.03. Certification of Payrolls.
No payroll, estimate or account providing for the payment of wages or salaries
shall be approved by the Commissioner of Finance or Comptroller unless it bears the certificate
of the Commissioner of Human Resources61 that the person named therein have been, during the
Code
Reissue 4/11
Article XI - 2
period specified, employed in their respective positions in accordance with law and rules made
pursuant thereto.
Section 11.04. Cooperation By and With Administrative Unit Heads.
It shall be the duty of the head of each unit to furnish the Commissioner of
Human Resources61 with such information and aid as may be necessary to the performance of his
duties. The Commissioner of Human Resources61 shall furnish the County Executive, or his
designee, with such information as will assist the County Executive in carrying out the employee
relations function of county government.
46
Article VII, Personnel, Department of renumbered XI by Resolution No. 195 of
1997. Local Law No. 6 of 1997.
61
Code
Reissue 4/11
Article XI, Amended by Resolution No. 2010346. Local Law No. 1 of 2011.
Article XI - 3
A R T I C L E XII
___________________
37, 47
DEPARTMENT OF PLANNING AND DEVELOPMENT
Section
12.01.
Commissioner of Planning and Development;
Powers and Duties.
12.02.
Planning Board; Appointment; Officers; Meetings.
12.03 71
Solid Waste Management
Article XII - 1
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Reissued 10/13
Section 12.01. Commissioner of Planning and Development; Powers and Duties.
The Commissioner of Planning and Development shall:
(a) Prepare and update periodically, in consultation with the advisory Planning
Board, a comprehensive master plan for the development of Dutchess County, which shall
include the highways, parks, parkways and sites for public buildings or works including subservice facilities, in the acquisition, financing or construction of which the county has
participated or may be called upon to participate, acquire, finance or construct. Such plan shall
be submitted for approval to the County Legislature in the manner provided by Section 239-d (2)
of the General Municipal Law;
(b) Collect and distribute, or cause to be collected and distributed, information
relative to metropolitan, regional and community planning and zoning in Dutchess County;
(c) Conduct research into business and industrial conditions in the county and the
municipal subdivisions thereof, and seek to cooperate with official and unofficial bodies
organized for such purposes;
(d) Furnish the services of his department, when such services are requested, to
communities within the county in matters pertaining to planning and zoning. The County
Legislature may establish the charges to be made for such services;
(e) Make recommendations concerning special permits, variances, or adoption or
amendment of zoning regulations, upon referral from municipalities pursuant to Section 239-m
of the General Municipal Law; and
(f) Prepare and submit to the County Executive annually, and on such date and on
such forms as the County Executive shall prescribe, the information required by the County
Executive in the preparation of the tentative county budget and capital program, and assist all
Article XII - 2
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Reissued 10/13
units in the preparation of and development of information for their respective capital project
requests, where such assistance is requested.
Section 12.02. Planning Board; Appointment; Officers; Meetings.
Each member of the County Planning Board shall continue to hold office for the
balance of his respective term, at the conclusion of which the applicable appointive provisions of
the Charter and this Code shall become effective. Members of the advisory Planning Board shall
be appointed in the manner and for the term provided in Section 12.03 of the Charter. The
advisory Planning Board shall elect annually a chairman, vice-chairman and a secretary from
among its members. Meetings of the advisory Planning Board shall be held at least quarterly at
the call of the Chairman of such Board, or the Commissioner of Planning and Development, on
three (3) days written notice mailed to the last known address of such Board members.
Vacancies in the membership of said Board occurring otherwise than by expiration of term shall
be filled by appointment of the County Executive, for the unexpired term.
Section 12.03. Solid Waste Management. 71
The Commissioner of Planning and Development shall have the authority to
administer solid waste management for the County of Dutchess and toward that end may
delegate the following responsibilities to the Deputy Commissioner for Solid Waste
Management:
(a)
Responsibility for the development and implementation of the Local Solid
Waste Management Plan as adopted by the County of Dutchess as the Planning Unit;
(b)
Supervision of the issuance of permits and licenses as may be required of
haulers and such other commercial enterprises engaged in the business of the collection and
sanitary disposal of solid waste, recycling and composting within the County;
Article XII - 3
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Reissued 10/13
(c)
Have jurisdiction, administer, maintain, manage and exercise direction and
control over any solid waste management facilities which the County may own, operate or
manage;
(d)
Be responsible for regularly providing the County Executive with an
economic analysis of the cost to the County of the management of solid waste with appropriate
recommendations regarding the same;
(e)
Supervise such employees as may be hired by the County to facilitate the
acceptance, hauling, processing and disposing of solid waste generated within the County;
(f)
Recommend for adoption by the County Legislature such rules and
regulations for the handling, hauling and disposal of solid waste within the County and affixing
penalties for the violation thereof;
(g)
Be responsible for and have the duty of maintaining liaison with all
County, State and Federal Agencies and for the compliance with all rules and regulations of such
agencies in reference to the disposal of solid waste within Dutchess County.
37
Article VIII, Department of Planning and Development, amended by Resolution
No. 135 of 1993, that all references to the “Department of Planning” or “Commissioner of
Planning” shall read “Department of Planning and Development” or “Commissioner of Planning
and Development.” Local Law No. 4 of 1993.
47
Article VIII, Planning and Development, Department of renumbered XII by
Resolution No. 195 of 1997. Local Law No. 6 of 1997.
71
Article XII, Department of Planning and Development, amended by Resolution
No. 2013088, Local Law No. 4 of 2013.
Article XII - 4
Code
Reissued 10/13
ARTICLE XIII
________________
DEPARTMENT OF PUBLIC DEFENDER
21, 49
Section
13.01.
Public Defender; Indigency of Defendants; Investigation.
13.02.
Assistance From Other County Units.
Article XIII - 1
Section 13.01. Public Defender; Indigency of Defendants; Investigation.
Whenever the Public Defender is requested to represent without charge, whether
at the request of the defendant or by order of the court, with the consent of the defendant, each
indigent defendant who is charged with a crime, the Public Defender shall cause to be conducted
such investigation to determine the indigency of such defendant. If such investigation results in
determination that such defendant is indigent, the Public Defender shall counsel and represent
him at every stage of the proceedings following arrest, shall initiate such proceedings as in his
judgment are necessary to protect the rights of the accused, and may prosecute any appeal, if in
his judgment the facts and circumstances warrant such appeal. If such investigation results in a
determination of non-indigency on the part of such defendant, the Public Defender shall
immediately notify the appropriate court and request the cessation of representation.
Section 13.02. Assistance from Other County Units.
In the conduct of the investigation provided for in Section 13.01 of this Code, the
Public Defender may seek the cooperation and assistance of any unit of County Government and
such unit shall furnish such information as the Public Defender may require, except where
prohibited by law.
21
Article XIII Section 13.01. Commissioner of Aviation, Powers and Duties.
repealed in its entirety by Resolution No. 318 of 1992. Local Law No. 8 of 1992.
49
Article X, Public Defense, Department of renumbered XIII and renamed Public
Defender, Department of by Resolution No. 195 of 1997. Local Law No. 6 of 1997.
Article XIII - 2
A R T I C L E XIV
_________________
DEPARTMENT OF PUBLIC WORKS48
Section
14.01.
Commissioner of Public Works; Powers and Duties.
14.02.
Department of Public Works; Deputies and Staff; Appointment.
14.03.
Acting Commissioner of Public Works.
14.04.
Bond of the Commissioner of Public Works.
Article XIV - 1
Section 14.01. Commissioner of Public Works; Powers and Duties.
The Commissioner of Public Works may delegate by designation one or more
persons within his department the specific powers and duties which he has as county engineer,
county superintendent of highways or county superintendent of parks. Such designation, setting
forth the specific powers and duties granted, shall be filed with the County Executive and County
Clerk. They may be revoked in whole or in part by written notice by the Commissioner of
Public Works, filed with the County Executive and County Clerk. If the powers or duties so
designated or revoked are those which the Commissioner of Public Works has as county
superintendent of highways, a duplicate of such written designation or revocation shall be filed
with the New York State Superintendent of Public Works. The acts performed by such persons
pursuant to such designations shall have the same effect in law as if performed by the
Commissioner of Public Works. Any professional engineering work required to be practiced by
said Commissioner in the exercise of the powers and duties of his office shall be delegated to one
or more licensed professional engineers unless said Commissioner shall be a licensed
professional engineer. The Commissioner of Public Works, or his designee:
(a) May within the appropriations provided therefor, and when authorized by the
County Executive, employ such special engineering, architectural or other technical counsel and
incur such expenses as may be necessary for the performance of any of the duties set forth in
Article XIV of the Charter or Article XIV of the Code, except that the professional fees or other
compensation shall not exceed rates approved by the County Legislature;
(b) May contract, subject to the approval of the County Executive and the County
Legislature, with any public corporation, public authority or any combination of the same for
public works services pursuant to Section 33.02 of the Charter and Section 33.01 of this Code;
Article XIV - 2
(c) Shall assist the County Executive or his designee in the advertising and
calling for bids on the construction of any capital project of the county, when such advertising
and calling for bids is required, and further assist in the preparation of specifications, and submit
his recommendations with respect to the awarding of such bids to the County Executive;
(d) Shall assist all administrative units in the preparation of and development of
information for their respective capital project requests, when such assistance is requested;
(e) Shall file with the County Executive copies of statements and reports required
to be filed with the County Legislature and the State Department of Public Works by Paragraphs
3 and 7 of Section 102 of the Highway Law;
(f) Shall file with the County Executive, the Comptroller and the Commissioner
of Finance copies of the inventories required by Paragraph 13 of Section 102 of the Highway
Law to be filed with the County Legislature;
(g) May authorize the rental, with or without operator, of the public works
machinery, tools, equipment and implements by any public corporation, public authority or any
combination of the same as provided by Section 33.02 of the Charter or Section 33.01 of this
Code, upon such terms as may be agreed upon, but with the payment to the county of not less
than the hourly rate as fixed by the New York State Superintendent of Public Works for the
rental or hiring of such machinery, tools, equipment or implements by the county. All sums
obtained pursuant to any terms agreed upon shall be deposited in the county road machinery
fund;
(h) May authorize the rental of machinery from any person, company, public or
private corporation, public authority or any combination of the same as provided by Section
Article XIV - 3
33.02 of the Charter or Section 33.01 of this Code, and such rental shall be payable from the
county road fund;
(i) Shall have powers and duties in relation to the construction and management
of county facilities for drainage, flood control, sanitation, sewerage or water supply, including
the management of county improvement districts including, but not limited to, county water,
sewer, water supply and drainage districts;
(j) Shall have powers and duties in relation to the development and management
of county parks and recreation facilities, beaches, zoological and botanical gardens, golf courses,
and any other recreation facilities;
(k) Shall have powers and duties in relation to the development and management
of programs relating to the conservation function of forestry, reforestation, fish and wildlife
propagation and other kindred activities other than soil conservation within the County of
Dutchess, and in connection therewith shall consult with and advise any executive unit
requesting his services in the selection, planting, care and maintenance of trees on any property
owned or operated by the county;
(l) Shall perform professional engineering, surveying and related engineering
services for the county and supervise the design and construction of all capital projects when any
of such capital projects are designed and constructed by the county or by any other governmental
unit or private contractor under contract to the county, or any combination of the same;
(m) Have jurisdiction, direction and control over, administer, maintain, manage
and operate all aviation facilities required by the County, including airports, lands, structures,
22
runways, equipment and appurtenances;
Article XIV - 4
(n) Recommend for adoption by the County Legislature, regulations for the
maintenance of order and safety with respect to and for the utilization of all aviation facilities
and appurtenances owned by and under the control of the County at the Dutchess County
23
Airport, and affixing penalties for violations thereof, pursuant to law;
(o) Conduct negotiations with respect to the granting of leases, concessions,
licenses, and permits for use of aviation facilities, lands, structures and appurtenances at the
Dutchess County Airport; and to recommend the appropriate action thereon by the County
Legislature in accordance with Article 14 of the General Municipal Law of the State of New
York; the County Legislature shall not be precluded from acting upon its own initiative upon
24
such matters;
(p) Recommend to the County Legislature for its action, schedules of charges for
use of aviation facilities, lands, structures and appurtenances at the Dutchess County Airport.
All rental, fees and funds collected or received by the Commissioner in the discharge of his
official duties or by the Department of Public Works shall be deposited by the Commissioner
25
with the Commissioner of Finance and credited by him to the general fund;
(q) Prepare for and upon request by the Commissioner of Finance such reports as
will accurately reflect the cost and performance of the functions of his department in connection
with the operation of the Dutchess County Airport;26
(r) He shall be responsible for and have the duty of maintaining liaison with all
State and Federal Aviation agencies and for compliance with all regulations applicable to the
County Airport under the rules and regulations of such State and Federal agencies in reference to
27
the operation, maintenance and safety of said Airport, and
Article XIV - 5
(s) Perform such other and related duties as may be prescribed by the County
28
Executive or the County Legislature.
Section 14.02. Department of Public Works; Deputies and Staff; Appointment.
The Commissioner shall have the power to recommend to the County Executive
the appointment of such Deputy Commissioners of Public Works, assistants and employees of
his Department, as shall be authorized by the County Legislature. All persons so appointed shall
be directly responsible to the Commissioner of Public Works, except where otherwise provided
by the Charter, this Code, or by applicable law.
Section 14.03. Acting Commissioner of Public Works.
The Commissioner, subject to the approval of the County Executive, shall
designate in writing, in order of succession, the Deputy Commissioner of Public Works who
shall be the Acting Commissioner of Public Works in the event of his absence from the County
or inability to perform and exercise the powers and duties of his office. Such designation shall
be filed with the County Clerk and the Clerk of the County Legislature and may be revoked at
any time by the Commissioner filing a new written designation and order of succession. The
Acting Commissioner of Public Works shall have all the powers and perform all the duties of the
Commissioner.
Section 14.04. Bond of the Commissioner of Public Works.
The Commissioner of Public Works and such of his deputies, officers and
employees, as the County Legislature or County Executive shall require shall give a surety bond
to the County in the sum fixed by the County Legislature conditioned for the faithful
performance of his duties. Such bond shall be approved as to form by the County Attorney and
Article XIV - 6
as to the sufficiency of surety by the County Executive, and filed with the County Clerk. It shall
be a charge on the County.
22
Section 9.01. Commissioner of Public Works; Powers and Duties. (m) amended
by Resolution No. 318 of 1992. Local Law No. 8 of 1992.
23
Section 9.01. Commissioner of Public Works; Powers and Duties. (n) added by
Resolution No. 318 of 1992. Local Law No. 8 of 1992.
24
Ibid., (o).
25
Ibid., (p).
26
Ibid., (q).
27
Ibid., (r).
28
Ibid., (s).
48
Article IX, Public Works, Department of renumbered XIV by Resolution No. 195
of 1997. Local Law No. 6 of 1997.
Article XIV - 7
A R T I C L E XV
Article XV - 1
ARTICLE XVI
__________________
DEPARTMENT OF COMMUNITY AND FAMILY SERVICES
38, 50, 70
Section
16.01
Department of Community and Family Services; Deputies and
Staff; Appointment.
16.02
Acting Commissioner of Community and Family Services
16.03 68, 75
Youth Services.
16.04 74, 75, 77 The Youth Board & Coordinating Council, Powers, Duties
16.05
Reports.
Article XVI - 1
Code
Reissued Jan 2015
Section 16.01. Department of Community and Family Services; Deputies and
Staff; Appointment.
The Commissioner of Community and Family Services shall have the power to
recommend to the County Executive appointment of such Deputy Commissioners, assistants and
employees, as shall be authorized by the County Legislature. Such Deputy Commissioners,
assistants and employees shall meet the qualifications prescribed by the Social Services Law and
the Commissioner of Social Services of the State of New York. All Deputy Commissioners of
Community and Family Services, assistants and employees shall be directly responsible to the
Commissioner of Community and Family Services, except where otherwise provided by the
County Charter, Code or other law.
Section 16.02. Acting Commissioner of Community and Family Services.
The Commissioner, subject to the approval of the County Executive, shall
designate in writing, in order of succession, the Deputy Commissioners of Community and
Family Services who shall be the Acting Commissioner of Community and Family Services in
the event of his absence from the County or inability to perform and exercise the powers and
duties of his office. Such designation shall be filed with the County Clerk and the Clerk of the
County Legislature and may be revoked at any time by the Commissioner filing a new written
designation and order of succession. The Acting Commissioner of Community and Family
Services shall have all the powers and perform all the duties of the Commissioner.
Section 16.03. 68, 75 Department of Community and Family Services. In addition
to social services, the Department of Community and Family Services shall provide the
following services through the Division of Youth Services:
Youth Services. The Director of Youth Services shall:
Article XVI - 2
Code
Reissued Jan 2015
1.
be responsible for providing the following general services in connection
with the County’s youth population which shall include but not be limited to:
a.
providing youth development service and programs;
b.
develop and/or recommend policies and/or plans which promote
youth development and prevent delinquency;
c.
advocate for youth regarding the development of services and
strategies which address locally identified youth problems and needs;
d.
establish closer cooperation among employers, labor, school,
churches, recreation and/or youth commissions, service clubs, youth and family services
providers and other public and private agencies to encourage youth programs on the basis of
local community planning;
e.
review and analyze grants provided to the Youth Services Division
from federal, state and local governments as well as those from private individuals, corporations,
and associations, and have the Youth Board & Coordinating Council establish local criteria for
their allocation;
f.
in cooperation with the Youth Board & Coordinating Council,
effectuate the Resource Allocation Plan (RAP) and review, analyze, accept or reject proposals
for the creation or expansion of recreational services and youth services or other youth programs
as defined by the laws of New York State, and make appropriate recommendations to the County
Executive;
g.
develop and implement an integrated county plan approved by the
Youth Board & Coordinating Council and County Executive that includes a statement of goals
and objectives, youth problem analysis, and methods for evaluation, monitoring and control in
conjunction with required partner agencies; and
h.
make the necessary studies and recommendations regarding the
needs of youth residing in the County.
i.
The Director of Youth Services shall also hold the title of
Executive Director of the Youth Bureau as set forth in Article 19-A of the New York State
Executive Law.
2.
The Commissioner of Community and Family Services in consultation
with the Director of Youth Services may from time to time add or delete such programs as
allowed by statute, rule or regulation.
Section 16.04.
The Youth Board & Coordinating Council, Powers, Duties. 74, 75
A. The Youth Board & Coordinating Council shall continue the work of the Youth
Board without interruption, shall act as an advisory board reporting to the Director of
Youth Services, and consist of the following members:
(1) Composition of board. The Youth Board & Coordinating Council shall be
representative of the community it serves. It shall have no more than 22
members, who shall be appointed by the County Executive with the exception of
the 2 legislator appointments which shall be made by the Chairman of the
Legislature (one from minority and one from majority). The total membership of
Article XVI - 3
Code
Reissued Jan 2015
the Youth Board & Coordinating Council shall reflect a balance between
government and nongovernment representatives who are directly concerned with
the well-being of youth, including a minimum of two and maximum of five youth,
plus: two members from primary, secondary, and/or higher education; four from
the nonprofit community including one from the Workforce Investment Board
and one from the Dutchess County Regional Chamber of Commerce; four from
specific county departments/functions including Department of Community &
Family Services (in addition to the Executive Director of the Youth Bureau who
shall be a non-voting member except in the case of a tie vote), Department of
Mental Hygiene, Department of Health, and Chair of the Health & Human
Services Cabinet; and the rest (five at most) will serve at large. Regional and
diverse representation is encouraged and recommended. All appointments of
youth board members shall conform to federal, state and/or local requirements
applicable to municipalities regarding equal opportunity and affirmative action.
(2) Youth Representatives. Youth representatives are defined as under the age of
twenty-one at time of appointment to term.
(3) Terms for Representatives. Terms of Youth Board & Coordinating Council
representatives shall be two years with a term being from September 1st to August
31st. Nongovernment representatives shall not serve more than two full
consecutive terms. Legislator terms will be concurrent with their terms as
legislators, serving at the pleasure of the Chairman. All other appointments serve
at the pleasure of the County Executive.
(4) Chairperson and Officers. The Youth Board & Coordinating Council shall
annually elect from its membership a chairperson and such other officers as it
may authorize in accordance with its rules and regulations.
(5) All appointments of Youth Board & Coordinating Council members shall
conform to federal, state and/or local requirements applicable to municipalities
regarding equal opportunity and affirmative action.
77
B.
Powers, duties and responsibilities of Youth Board & Coordinating Council:
(1) After consultation with the Executive Director of the Youth Bureau, develop
and/or recommend policies and/or plans which promote youth development and
prevent delinquency.
(2) Advocate for youth with the executive, administrative and legislative bodies and
the community at large regarding the development of services and strategies
which address locally identified youth problems and needs.
(3) Establish closer cooperation among employers, labor, school, churches, recreation
and/or youth commissions, service clubs, youth and family service providers and
Article XVI - 4
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Reissued Jan 2015
(4)
(5)
(6)
(7)
(8)
other public and private agencies to encourage youth programs on the basis of
local community planning.
Review and analyze grants given to the Youth Board & Coordinating Council
from federal, state and local governments as well as from private individuals,
corporations, and associations and establish local criteria for the allocation.
In cooperation with the Youth Bureau’s Executive Director, review and analyze,
as well as accept or reject proposals for the creation or expansion of recreational
services and youth service projects or other youth programs as defined by the
laws of the State of New York, and make appropriate recommendations to the
County Executive.
Receive, review and analyze statistical records and data, including those that
reflect the incidence and trends of delinquency as well as youthful crimes and
offenses in the locality. Make necessary studies and recommendations regarding
the needs of youth residing in the community served by the board.
Appoint such advisory groups and committees as may be necessary to carry out
its powers and duties.
Develop and implement the integrated county plan.
Section 16.05.
The Commissioner of Community and Family Services in
consultation with the Director of Youth Services shall submit an annual report of the
department’s activities to the County Executive. The Commissioner shall also be responsible for
filing necessary reports as may be required by Federal or State law, rule or regulation.
38
Article XVI, deleted in its entirety by Resolution No. 327 of 1993. Local Law No.
7 of 1993. (New Article XVI added by Resolution No. 195 of 1997. Local Law No. 6 of 1997.)
50
Article XI, Social Welfare, Department of renumbered XVI and renamed Social
Services, Department of by Resolution No. 195 of 1997. Local Law No. 6 of 1997.
68
Article XVI, amended to add Sections 16.03, 16.04, 16.05 by Resolution No.
2012323. Local Law #7 of 2012.
70
Article XVI, amended to rename Department of Social Services the Department
of Community and Family Services by Resolution No. 2012324. Local Law No. 8 of 2012.
72
Article XVI, Section 16.04 Section A(5)(g) amended by Resolution No. 2013232,
Local Law No. 8 of 2013.
74
Article XVI, Section 16.04A (1) through (5) and Section 16.04B (1) through (4)
deleted in its entirety by Resolution No. 2014171, Local Law No. 2 of 2014.
75
Article XVI, Section 16.03(1)(e), (f) and (g) and Section 16.04A(1) through (5)
and 16.04B(1) through (4) amended by Resolution No. 2014171, Local Law No. 2 of 2014.
77
Article XVI, Section 16.04A (6), (7) and (8) deleted by Resolution No. 2014309,
Local Law No. 2 of 2015.
Article XVI - 5
Code
Reissued Jan 2015
A R T I C L E XVII
73
____________________
73
Article XVII, Department of Solid Waste Management, deleted by Resolution No.
2013089, Local Law No. 5 of 2013.
Code
reissued 10/13
Article XVII - 1
A R T I C L E XVIII
_________________
DEPARTMENT OF EMERGENCY RESPONSE 40,54, 76
40
Article XXV, Department of Emergency Response, added in its entirety by
Resolution No. 328 of 1993. Local Law No. 8 of 1993.
54
Article XXV, Department of Emergency Response renumbered XVIII by
Resolution No. 195 of 1997. Local Law No. 6 of 1997.
76
Article XVIII, Department of Emergency Response, deleted in its entirety and not
replaced by Resolution No. 2014308. Local Law No. 1 of 2015.
Code
Reissued Jan 2015
Article XVIII - 1
A R T I C L E XIX
Article XIX - 1
A R T I C L E XX
_________________
COMPTROLLER
Section
20.01.
Additional Powers and Duties.
20.02.
Procedure for Audit of Claims.
20.03.
Bond of Comptroller.
20.04.
Comptroller; Expert Accounting Assistance.
20.05.
Seal of the Comptroller.
Article XX - 1
Section 20.01. Additional Powers and Duties.
Among the powers and duties prescribed in Section 20.02 of the Charter, the
Comptroller shall:
(a) Audit all claims or payrolls for services rendered the County, or for salaries of
any County employee or County officer, and furnish one certified transcript of such payrolls as
approved to the Commissioner of Finance. Before such payrolls or claims are presented to the
Comptroller, they shall be certified in writing by the head of the appropriate executive unit or a
person authorized by him to so certify. Such certification shall state that each person named
therein was regularly appointed to the position held by him, that the services specified were
actually performed, and that the compensation stated in such claim or payroll is correct and true.
The Comptroller shall not approve any payroll or item thereof until the Commissioner of
Personnel shall have certified that the persons named therein are employed in their respective
positions in accordance with law and rules made pursuant to law;
(b) Prescribe, with the approval of the County Attorney, the manner and form for
the submission of claims or charges against the County or against funds for which the County is
responsible;
(c) Within the appropriations therefor, develop a cost accounting system for such
executive units of the County as the County Executive may designate;
(d) Make available to the County Executive, the County Legislature and the head
of any unit of the County any information from the records and accounts of the department
which they may require to assist them in the performance of their duties;
Article XX - 2
(e) Prepare and submit to the County Executive, annually and on such date and
on such forms as the County Executive shall prescribe, the information required by the County
Executive in the preparation of the tentative county budget;
(f) Approve for payment the payroll and all other lawful claims or charges
against the County or against such funds for which the County is responsible and deliver the
same to the Commissioner of Finance. No check shall be prepared for the payment of any claim
against or obligation of the County unless it states with particularity against which of such funds
it is drawn and the appropriation account chargeable therewith. No fund or appropriation
account shall be overdrawn nor shall any check be drawn against one fund or appropriation to
pay a claim chargeable to another. All County officers and employees shall be paid periodically,
as the County Executive shall direct, by the Commissioner of Finance;
(g) Conduct such audits as are required by Section 20.02 of the Charter, and, as
soon as practicable, after having made such audits, report to the County Executive and the
County Legislature whether or not the financial records and accounts so audited by him are
accurately kept, whether or not all County funds and County properties and funds for which the
County is responsible are accounted for and whether or not the business of the County is being
transacted pursuant to the Charter, this Code, or local law, ordinance or resolution of the County
Legislature, or any applicable provision of any act of the Legislature;
(h) Cause to be kept under his control such books or records as are necessary to
record all accounts, claims and demands against the County presented to him for audit and the
action taken by him on each. He shall keep a separate account with every administrative unit and
with each fund and appropriation for which moneys are provided. He shall also keep and/or
Article XX - 3
audit such books and records as may be necessary to comply with and carry out the system of
accounting prescribed by or pursuant to law; and
(i) Procure, on an annual basis, a certified copy of the inventory maintained
pursuant to 3.01 of this Code and determine and certify whether or not the property of the
County and the property purchased by the County is on hand or has been properly accounted for.
The certified copy of such inventory and the record of action taken by the Comptroller to
determine and certify the same as prescribed herein shall be maintained as a permanent record of
his department.
12
Section 20.02. Procedure for Audit of Claims.
Any claim or charge against the County or against funds for which the County is
responsible, except for a fixed salary or for the regular or stated compensation of County officers
and employees or for witnesses or juror fees, shall be paid provided that the claim is just and
correct, that the services or goods provided were of quantity and quality claimed, that the
services were actually performed, that the prices charged are reasonable and do not exceed the
prevailing rate of wage or the market price, that the charges are in accordance with the contract
or agreement existing, if there be one, and that no part thereof has been paid and that there are no
offsets or counterclaims thereto, in the following manner:
(a) Any such claim shall be approved by the head of the executive unit or officer
whose action gave rise or origin to the claim.
(b) Any such claim shall be presented to the Comptroller and shall be audited and
allowed by him. The Comptroller shall cause each such claim presented to him for audit to be
numbered and the number, date of claim, name of claimant and brief statement of character of
each claim shall be entered in a book kept for such purpose which shall at all times during office
Article XX - 4
hours be so placed as to be convenient for public inspection and examination. This Section shall
not apply, however, to the use of any petty cash fund established pursuant to the Charter or this
Code.
(c) When a claim has been finally audited by the Comptroller, he shall endorse
thereon or attach thereto his certificate as to such audit. If he shall reject such claim in whole or
in part or modify the same, such certificate shall include a statement of the items disallowed,
rejected or reduced, and the reason or reasons for the Comptroller's action. If the Comptroller
audits and allows a claim at less than the amount claimed by the claimant, he shall serve notice
thereof upon the claimant within three days, either personally or by mail to such claimant's last
known address, and the said claim and certificate shall thereupon be filed and remain a public
record in the Comptroller's office and shall be open to public inspection. If such claim shall be
allowed in whole or in part, the Comptroller shall certify the amount allowed and the fund
properly charged therewith, and he shall specify the appropriation account to which it is charged.
Section 20.03. Bond of Comptroller.
The Comptroller, and each of his deputies, officers and employees as the County
Legislature or the County Executive shall require, shall give a surety bond to the County in a
sum fixed by the County Legislature conditioned for the faithful performance of his duties. Such
bond shall be approved as to sufficiency by the County Executive and as to form by the County
Attorney and shall be filed with the County Clerk. It shall be a charge on the County.
Section 20.04. Comptroller; Expert Accounting Assistance.
The Comptroller, within the appropriations provided therefor, shall have the
power to employ such expert accountants as may be necessary to install and maintain a financial
system for the County, and the auditing thereof, pursuant to the Charter or this Code.
Article XX - 5
Section 20.05. Seal of the Comptroller.
The seal of the County of Dutchess shall also be the seal of the Comptroller and
he shall affix or imprint such seal upon any and all instruments requiring the same.
12
Section 20.02. Procedure for Audit of Claims.
Resolution No. 45 of 1983. Local Law No. 4 of 1983.
Article XX - 6
amended in its entirety by
A R T I C L E XXI
__________________
COUNTY CLERK
Section
21.01.
Accounting for Fees.
21.02.
Bond of County Clerk.
21.03.
County Clerk, Records Management Responsibility.
21.04.
Seal of County Clerk.
Article XXI - 1
Section 21.01. Accounting for Fees.
Except as may otherwise be required by law, all monies to which the County
Clerk may be entitled under and by virtue of the laws of the State of New York, or which the
County Clerk may receive for services rendered by him or his office shall apply to or be for the
benefit of the County and shall be collected and accounted for by him and paid over to the
Commissioner of Finance without deduction at such times and on such conditions as the latter
may prescribe. Within five days after the expiration of each month, the County Clerk shall
make, certify and deliver to the Commissioner of Finance a full and true statement for each
calendar month of all such monies received each day by him, or his employees, in their official
capacity and shall transmit and deliver such certified statement to the Commissioner of Finance
within five days after the expiration of each month in the form he shall prescribe. At the time of
rendering any such statement, such County Clerk shall pay to the Commissioner of Finance for
the benefit of the County the whole amount or the balance of all such moneys received by him
since making his last preceding monthly report. Other funds or fees collected by the County
Clerk shall be collected, paid over, deposited and reported in accordance with the law applicable
thereto.
Section 21.02. Bond of County Clerk.
The County Clerk and such of his deputies, officers and employees as the County
Legislature shall require, shall give a surety bond to the County in a sum fixed by the County
Legislature conditioned for the faithful performance of his duties. Such bond shall be approved
as to form by the County Attorney and filed in the office of the County Clerk. It shall be a
charge on the County.
Section 21.03. County Clerk; Records Management Responsibility.
Article XXI - 2
It shall be the responsibility of the County Clerk to advise and assist the County
Executive in all matters concerning the preservation, storage, reduction, reproduction,
administration and disposal of County records.
Section 21.04. Seal of County Clerk.
The seal of the County of Dutchess shall also be the seal of the County Clerk, and
the County Clerk shall affix or imprint such seal upon any and all instruments requiring the
same.
Article XXI - 3
A R T I C L E XXII
___________________
DISTRICT ATTORNEY
Section
22.01.
Deputy District Attorneys.
22.02.
Confidential Secretary to District Attorney.
Article XXII - 1
Section 22.01. Deputy District Attorneys.
Every appointment of a Deputy District Attorney by the District Attorney shall be
in a writing filed and recorded in the office of the County Clerk. The person or persons so
appointed shall take the prescribed oath of office and furnish any required official undertaking.
Any such appointment may be revoked by the District Attorney at any time by filing a written
revocation in the office of the County Clerk.
Section 22.02. Secretary to District Attorney.
The County Legislature may create the position of Secretary to the District
Attorney, who shall serve at his pleasure and shall be in the exempt class of civil service.
Article XXII - 2
A R T I C L E XXIII
____________________
SHERIFF
Section
23.01.
Powers and Duties of Sheriff
23.02.
Staff of Sheriff
23.03.
Expenses of Sheriff in Transporting Prisoners.
23.04.
Salary of Sheriff; Fees; Disposition of Fees Collected.
23.05.
Board and Lodging for Jurors.
Article XXIII - 1
Section 23.01. Powers and Duties of Sheriff.
The Sheriff shall be the chief peace officer of the County and the keeper of the
County Jail and shall perform all acts required by law or regulations of competent authority. The
Sheriff shall keep, or cause to be kept, such books and records for his office and for the County
Jail and shall make such reports and returns, as are or may be hereafter required by law or by
direction of competent authority.
Section 23.02. Staff of Sheriff.
(a) During the absence or inability of the Sheriff to act, or when a vacancy shall
occur in the office of the Sheriff, the Acting Sheriff shall, in all things, execute the duties of the
Office of Sheriff until a new Sheriff is elected or appointed, under the provisions of the Charter,
and has qualified.
(b) Within the limits of the appropriations therefore, the Sheriff may appoint as
many regular deputy sheriffs as he may deem proper. The Sheriff may also appoint keepers,
guards and employees as may be authorized by the County Legislature. Such appointments shall
be made, and such appointees shall serve, in accordance with such provisions, conditions, and
requirements as may lawfully be prescribed by the County Legislature by Local Law. Any
person may also be deputized by the Sheriff by written instrument to do particular acts.13
(c) Each appointment by the Sheriff of persons to his staff shall be in a writing
filed and recorded in the office of the County Clerk and reported to the Commissioner of
Personnel. Before the appointment by the Sheriff of any person, however, other than a person
deputized to do particular acts, the Sheriff shall require such person to, and such person shall,
submit to the Sheriff fingerprints of the two hands of such person and it shall thereupon be the
duty of the Sheriff to compare, or cause to be compared, such fingerprints with fingerprints filed
Article XXIII - 2
with the Division of Criminal Identification of the State Department of Correction, or other
appropriate State agency.
(d) Within the limits of the appropriation, the Sheriff may employ such number
of part-time deputies as he may deem necessary, who shall be paid a salary or on a per diem
basis as the County Legislature may determine. Such appointments shall be made and such
appointees shall serve, in accordance with such provisions, conditions, and requirements as may
lawfully be prescribed by the County Legislature by Local Law. Each appointment by the
Sheriff of a part-time deputy shall be in a writing filed and recorded in the Office of the County
Clerk and reported to the Commissioner of Personnel. A duly appointed part-time Deputy
Sheriff shall perform only those duties and powers authorized by the Sheriff. Whenever deemed
14
necessary the Sheriff may deputize persons to serve civil process and execute civil mandates.
(e)
The Sheriff shall also appoint and employ, in a manner consistent with
such provisions, conditions, and requirements as the County Legislature may lawfully prescribe,
by Local Law, a matron of the jail, who shall have sole charge of the female prisoners of that
portion of the jail in which female prisoners are detained, subject to the direction of the Sheriff or
the keeper of the jail. Such matron shall have the custody of the keys of the section, department
or room of the jail in which any female is detained. The keeper or other male employee or
employees shall not have access to this section, department, or room in which any female is
detained, except in the company of such matron. A matron shall at all times be in attendance
when females are confined in the jail.
(f) The Sheriff may in his discretion deputize the peace officers of the cities, the
towns, villages and special districts, for the purpose of authorizing an arrest without a warrant
outside the territorial limits of such city, town, village or special district, when such crime or
Article XXIII - 3
infraction was committed within such territorial limits in the presence of such peace officer.
Such peace officer shall not, however, be deemed an officer, agent, servant or employee of the
15
County.
(g) For the protection of human life and property during an emergency, the
Sheriff may deputize orally or in writing such number of additional special deputies as he deems
necessary. If he is unable to continue the services of such special deputies without compensation,
he may pay the compensation of any such special deputies in such amount as the County
Legislature may determine for each day any such special deputy is actually engaged in assisting
him in the performance of his duties, or in assisting any other Sheriff in New York State who
deputized him. If the County Legislature shall fail to fix the compensation of such special
deputies, the Sheriff may, subject to the approval of the County Executive, fix such
compensation. The compensation of any special deputy so appointed shall be a County charge.
Section 23.03. Expenses of Sheriff in Transporting Prisoners.
The County Legislature shall have power to provide a fund for the payment in
advance of audit of properly itemized and verified bills for the expenses of the Sheriff lawfully
and necessarily incurred in the transportation of prisoners, and the County Executive may
authorize the Commissioner of Finance to apply said fund in payment of such bills on the
approval of the Sheriff and endorsed thereon. The Sheriff and any claimant receiving payment
as aforesaid shall be jointly and severally liable for any item or items contained in a bill so paid
in advance of audit which shall be disallowed upon final audit, to be recovered in an action
brought by the County Attorney in the name of the County.
Article XXIII - 4
Section 23.04. Salary of Sheriff; Fees; Disposition of Fees Collected.
The salary of the Sheriff shall be fixed by the County Legislature and shall be in
lieu of all fees or other compensation. All fees which he shall charge and collect by virtue of law
from any person in civil matters or otherwise shall belong to the County and such Sheriff shall
keep an exact account of the same in such form as the Comptroller shall prescribe, and shall pay
over to the Commissioner of Finance, without deduction or delay at such times and under such
conditions as he may prescribe, all fees collected, the same to be accompanied by a verified
statement to the effect that such fees are all the fees collected by him or his subordinates within
five days after the expiration of said month, in such form as he may prescribe.
Section 23.05. Board and Lodging for Jurors.
Whenever it shall be necessary to keep together the members of a jury during
their deliberations, the court may direct the Sheriff to furnish specified meals and/or lodging to
such jury. The claim for the expenses thereof shall be presented to the Commissioner of
Finance, which claim must bear the approval of the Sheriff and of the judge, court or clerk of the
court for which the said jury was chosen and shall be paid as other Court expenses are paid.
13
Section 23.02. Staff of Sheriff. (b) amended by Resolution No. 72 of 1976. Local
Law No. 6 of 1976.
14
Ibid., (d).
15
Ibid., (e).
Article XXIII - 5
A R T I C L E XXIV 64, 65, 67
____________________
64
Article XXIV. Department of Services for Aging, Veterans and Youth, added by
Resolution No. 2010349. Local Law No. 4 of 2011.
65
Article XXIV. Department of Services for Aging, Veterans and Youth, Article
number designation, Resolution No. 2011108. Local Law No. 6 of 2011.
67
Article XXIV. Department of Services for Aging, Veterans and Youth, deleted in
its entirety by Resolution No. 2012323. Local Law #7 of 2012.
Code
Reissued 03/13
Article XXIV - 1
A R T I C L E XXV 66
____________________
PUBLICATION OF LOCAL LAWS
Section
16
25.01.
Code
Reissued 4/11
Publication of Local Laws.
Article XXV - 1
Section 25.01. Publication of Local Laws.
Within 10 days after approval of a local law by the County Executive, the Clerk
of the County Legislature shall cause to be published in the official newspapers of the Dutchess
County Legislature a notice of adoption of a local law. The notice of adoption of a local law
shall be published once and shall contain a synopsis of the law, and a notice that the full text of
the law may be examined at the Office of the Clerk of the County Legislature during normal
business hours.17
16
Article XXIV Publication of Local Laws added by Resolution No. 261 of 1983.
Local Law No. 7 of 1983.
17
Section 24.01. Publication of Local Laws. added by Resolution No. 261 of 1983.
Local Law No. 7 of 1983.
66
Article XXV. Publication of Local Laws. Article number designation, Resolution
No. 2011108. Local Law No. 6 of 2011.
Code
Reissued 4/11
Article XXV - 2
A R T I C L E XXVI
Article XXVI - 1
A R T I C L E XXVII
Article XXVII - 1
A R T I C L E XXVIII
____________________
PROCUREMENT PROCEDURES52
Section
28.01.
Procurement Procedure; Units Included.
28.02.
Procurement Where Advertisement for Bids Waived.
28.03.
Advertisement for Bids; Competitive Bidding.
28.04.
Standardization of Purchases.
28.05.
Procurement from State; Blind-Made Products.
28.06.
Surplus and Second-Hand Supplies, Materials, Equipment.
28.07.
Procurement Requisition Required.
28.08.
Audit by Comptroller.
Article XXVIII - 1
Section 28.01. Procurement Procedure; Units Included.
The County Executive, or his designee as provided in Section 3.01 of the Code,
shall make all purchases of and contracts for supplies, materials, equipment and services for the
County or any unit thereof or the County Legislature, for the payment of which the County shall
be liable.
Section 28.02. Procurement Where Advertisement for Bids Waived.
(a) When Purchases Do Not Exceed Fixed Sum. The County Legislature shall
fix a sum not to exceed ONE THOUSAND ($1,000) DOLLARS as the limit below which any
purchase or contract can be made without advertisement for bids as provided in Section 28.03 of
the Code.
(b) Where Perishables Are Purchased. Public advertisement shall not be required
of perishable food-stuffs or for drugs and medical supplies unless so required by resolution of the
County Legislature.
(c) Where Emergency Declared. Supplies, materials, equipment or services to be
rendered by contract may be purchased without advertisement as required by Section 28.03 of
the Code when the County Executive has declared a public emergency arising out of an accident
or other unforeseen occurrence or condition whereby circumstances affecting the life, health or
safety of inhabitants of the County of Dutchess require immediate action which cannot await
competitive bidding.
(d) Damage to Public Facilities. Advertisement for bids may be waived when
through some accident or other unforeseen circumstances the heating, air conditioning,
ventilating, lighting, plumbing, machinery, equipment or other apparatus of any of the public
buildings of the County of Dutchess shall become disabled or when any of such buildings or
Article XXVIII - 2
parts thereof shall be rendered untenantable by reason of the sudden action of the elements or for
some cause due to explosion or from generally unforeseeable events creating an emergency and
the administrative head in charge of such building shall certify in writing to the County
Executive such emergency and the necessity of immediate repair of the defect or defects, and
such certificate of necessity is approved by the County Executive.
(e) Replacement Parts for Machinery. Advertisement for bids may be waived
when the machinery, equipment or other apparatus of the Department of Public Works becomes
disabled or worn and requires immediate repair or replacement, making necessary the immediate
purchase of parts for repairs to the same, and the Commissioner of Public Works shall certify in
writing to the County Executive the necessity of such immediate repair, replacement or
replacements, and such certificate of necessity is approved by the County Executive.
Section 28.03. Advertisement for Bids; Competitive Bidding.
(a) Advertisement for Bids; When Required. Except where otherwise provided
by the Charter, Code or applicable law, all purchases of and contracts for supplies, materials,
equipment and services for the County, shall be made by publishing an advertisement in the
official newspapers published in the County of Dutchess, which advertisement shall invite sealed
bids for the same.
(b) Information in Advertisement. Such advertisement shall contain a statement
of the time when and the place where all bids received pursuant to subsection (a) of this section
will be publicly opened and read. At least five (5) days shall elapse between the first publication
of such advertisement and the date specified therein for the opening and reading of bids.
(c) Opening of Bids; Award; Rejection. The County Executive, or his designee,
shall open such bids at the time and place specified, and shall make a record of such bids in such
Article XXVIII - 3
form as the County Executive shall prescribe. The contract shall be awarded to the lowest
responsible bidder furnishing the required security after advertisement for sealed bids in the
manner provided by this section. In cases where two or more responsible bidders furnishing the
required security submit identical bids as to price, the contract may be awarded to any of such
bidders. The County Executive or his designee, after due consideration of such bids, may in his
discretion reject said bids and readvertise for new bids in the manner provided by this Section.
(d) Where Bidder in Default. No bid for materials, supplies, equipment or
services may be accepted from or contract therefor awarded to any person who is in arrears to the
County, upon debt or contract, or who has defaulted as surety or otherwise upon a contract or
obligation to the County.
Section 28.04.
Standardization of Purchases.
The County Legislature may
resolve by a vote of at least two-thirds (2/3) of all the members thereof that there is a need, for
reasons of efficiency and economy, to standardize purchase specifications for particular types or
kinds of equipment, material, services or supplies. Such contracts, in excess of the amount fixed
pursuant to Section 28.02 (a) of the Code, may be awarded in the manner provided by Section
28.03 of the Code. Such resolution shall contain a full explanation of the reason for its adoption.
Section 28.05. Procurement from State; Blind-Made Products. All required
supplies which can be furnished by the State Department of Correction, and all required blindmade products which can be furnished by any appropriate charitable agency for the blind,
incorporated under the laws of the State of New York, shall, after such purchases have been
authorized, be purchased from them without competitive bidding at prices established pursuant
to law.
Article XXVIII - 4
Section 28.06.
Surplus and Second-Hand Supplies, Materials, Equipment.
Surplus and second-hand supplies, materials or equipment may be purchased without
competitive bidding from the Federal Government, the State of New York, or any other political
subdivision or district.
Section 28.07. Procurement Requisition Required. All purchases pursuant to this
Article shall be initiated by a requisition in writing to the County Executive or his designee
signed by an authorized person. No supplies, materials or equipment shall be delivered unless
authorized by the County Executive or his designee as an official County purchase.
Section 28.08. Audit by Comptroller. The Comptroller shall not audit any bill for
supplies, materials, equipment or services unless it shall fully appear that such items or services
were ordered by the County Executive or his designee and the County Executive or his designee
has certified the prices at which the purchases were made. All requisitions received shall be filed
in the office of the County Executive or his designee and shall be open to public inspection under
reasonable regulations for their safety and preservation. No purchases shall be made until the
Comptroller has certified that there are unencumbered balances available for the purpose.
52
Article XVII, Procurement Procedures renumbered XXVIII by Resolution No.
195 of 1997. Local Law No. 6 of 1997.
Article XXVIII - 5
A R T I C L E XXIX
__________________
FINANCIAL PROCEDURES53
Section
29.01.
Fiscal Year.
29.02.
Preparation of Tentative Budget.
29.03.
Capital Program; Capital Projects; Procedure.
29.04.
Tentative Operating Budget; Procedure.
29.05.
Tentative County Budget; Submission to County Legislature.
29.06.
Public Hearing.
29.07.
Adoption of Budget.
29.08.
Levy of Taxes.
29.09.
Appropriations; Supplemental and Emergency.
29.10.
Appropriations; Reduction.
29.11.
Transfer Within Administrative Unit.
29.12.
Budget Controls.
29.13.
Contingent Fund.
Article XXIX - 1
Section 29.01. Fiscal Year.
The fiscal year of the County shall begin with the first day of January and end
with the last day of December of each year.
Section 29.02. Preparation of Tentative Budget.
The County Executive may designate a person from the Executive Branch, who
shall assist him in preparing the tentative County budget.
Section 29.03. Capital Program; Capital Projects; Procedure.
(a) Submission of Capital Project Requests. On or before the first day of August
in each year or such earlier date as the County Executive may prescribe, the head of each unit of
county government shall furnish to the County Executive, a description, justification and
estimate for each physical public improvement or works, hereinafter called capital project, which
he proposes for development during one or more of the ensuing five (5) fiscal years. Each
capital project request shall show: recommended priority; development time schedule; estimated
useful life in years; estimated costs for planning, site or right-of-way, construction, equipment
and other features; status of plans and land acquisition; anticipated effect of project on annual
operating budget; proposed method of paying for project; possible sources of financial aid;
recommended expenditures by years; including total expenditures remaining beyond the fiveyear period of the capital program, if any; and such other information as the County Executive
may deem advisable.
(b) Capital Program Committee. To assist in the consideration of capital projects
and the capital program, there shall be a capital program committee consisting of the County
Executive, as Chairman, the Commissioner of Finance, the Commissioner of Planning and
Development, the Commissioner of Public Works, and such other administrative heads as the
Article XXIX - 2
County Executive may designate, and the following members of the County Legislature: The
chairman and the Chairman of the committee designated by such board to consider capital
improvements.
(c) Tentative Capital Program. The County Executive shall, each year, with the
advice of the Capital Program Committee, prepare a tentative capital program for the next five
(5) fiscal years, showing the purpose and amount of recommended capital expenditures by years
and including total expenditures remaining beyond the five-year period for capital projects
included in the five-year capital program, if any, the suggested methods of paying for the capital
projects included in such program, and the estimated effect of such program on future budgets,
with respect to operating, maintenance, debt service and other costs; and such other information
as they may deem advisable.
(d) Tentative Capital Budget. The County Executive shall prepare a tentative
capital budget which shall be arranged so as to give in parallel columns not less than the
following comparative information for the appropriations and methods of financing capital
projects: (1) appropriations for the last completed fiscal year; (2) appropriations for the present
fiscal year; (3) recommendations of the County Executive for the ensuing fiscal year. The
tentative capital budget shall also contain a statement as to each pending and proposed capital
project incorporating in columnar form the following data: (1) estimated ultimate total cost; (2)
amount appropriated to date; (3) amount expended to date; (4) amount of additional or new
appropriations included in the tentative capital budget for each project; and (5) method of
financing each pending and proposed capital project.
Section 29.04. Tentative Operating Budget; Procedure.
Article XXIX - 3
(a) Submission of Estimates and Appropriation Requests. On or before the first
day of September in each year, or such earlier date as the County Executive may prescribe, the
head of each unit of county government or authorized agency shall furnish to the County
Executive, an estimate of revenues and expenditures of his respective unit or authorized agency
for the ensuing fiscal year, exclusive of capital projects. Each estimate shall show the sources of
revenues and the character and object of expenditures, which may be subclassified by functions
and activities.
The estimate of each unit shall be subdivided according to the internal
organization of such unit. Estimates shall be submitted in such form and shall contain such
additional information as the County Executive shall prescribe; provided that the estimate of
expenditures shall constitute or be accompanied by a request for an appropriation.
Such
estimates of expenditures shall be based on and shall be accompanied by a tentative work
program prepared by each unit or authorized agency.
(b) Notification of Dates and Data. The County Executive annually, not less than
thirty (30) days prior to the date fixed pursuant to paragraph (a) of this section, shall notify in
writing, the head of each unit and of each authorized agency receiving county funds pursuant to
contract or otherwise during the current fiscal year, of (1) the date fixed pursuant to said
paragraph (a), and (2) the form and information to be contained in such estimate and request.
(c) Failure to Submit. In the event that the head of any unit fails to submit an
estimate by the date specified, the County Executive shall forthwith prepare such estimate.
(d) County Executive's Review of Requests. The County Executive, upon receipt
of the estimates and requests for appropriations, shall proceed to make such review and
investigation thereon as he may deem necessary. He may require the head of each unit or any
Article XXIX - 4
officer or employee thereof and any authorized agency requesting county funds, to furnish data
and information and answer inquiries pertinent to such review or investigation.
(e) Tentative County Budget; Information Required. Upon the completion of the
review and investigation of the estimates and requests from the various units and authorized
agencies, the County Executive shall prepare the tentative County budget for the ensuing fiscal
year for both current operating and capital purposes. The tentative operating budget shall be in
such form as the County Executive may deem advisable and shall show in parallel columns, the
following comparative information:
(1) the actual expenditures and revenues for the last
completed fiscal year; (2) the budget as modified for the current fiscal year; (3) the estimates of
expenditures and revenues for the ensuing fiscal year submitted by the heads of the various
departments, other administrative units and authorized agencies; and (4) the County Executive's
recommendations and estimates as to expenditures and revenues for the ensuing fiscal year.
(f) Additional Data Concerning Debt. In addition to items of operation and
maintenance, the tentative County budget shall include or be supplemented by a statement
showing the bonded indebtedness of the County government and its agencies, the debt
redemption and interest requirements, the indebtedness authorized and unissued, the condition of
the capital reserve and sinking funds, and the borrowing capacity of the County, and any other
matter which the County Executive may deem advisable or the County Legislature may require.
(g) Detailing of Recommendations. The recommendations for expenditures in
the tentative County budget shall be classified by units and their sub-units according to the
internal organization of such units, or by special funds. Such recommendations shall show the
character and object of expenditure, and shall contain (1) an estimate of the several amounts
which the County Executive deems necessary in the ensuing fiscal year for conducting the
Article XXIX - 5
business of the County and each unit thereof, separately stated, and for other County purposes
and charges, classified to show separately, (i) the ordinary recurring expense of the operation
and maintenance of County government, and (ii) any extraordinary or non-recurring expenses to
be financed from current revenue; (2) an estimate of the general contingent fund which the
County Executive recommends to be provided for unanticipated or emergency County purposes
or charges; (3) a statement of the several amounts recommended by the County Executive for
appropriations to the reserve funds and sinking funds, if any; (4) a statement of the amount
required to pay the interest on and amortization of or redemption of indebtedness becoming due
in the ensuing fiscal year; (5) an estimate of the amount to be paid to school districts on account
of unpaid school taxes to be returned to the County during such year; and (6) the amount of any
judgment recovered against the County and payable during the fiscal year and for which no
bonds have been or will be issued.
(h) Estimated Revenues. The estimates of revenue in the tentative County budget
shall be classified by accounts and units of county government, shall show the sources of income
and shall contain (1) a statement of all revenues which it is estimated will be received by the
County during the ensuing fiscal year, except from County taxes to be levied; (2) a statement of
all unexpended balances, if any, at the end of the last completed fiscal year, which are available
to meet the expenditure requirements of the fiscal year for which the tentative budget is being
prepared; (3) an estimate of the anticipated receipts from delinquent taxes, which shall not
exceed the amount received in cash from delinquent taxes during the last five (5) months of the
most recently completed fiscal year and the first seven (7) months of the current fiscal year,
provided that delinquent taxes shall include the proceeds of: (i) the collection of all taxes levied
or relevied by the County Legislature for any year preceding the current fiscal year, together with
Article XXIX - 6
interest and penalties thereon, (ii) the sale of property sold for such taxes, and (iii) the
redemption of property sold for such taxes and bid in by the County, but shall not include the
proceeds of any such collection, sale or redemption occurring during the fiscal year for which
such taxes were originally levied; (4) a statement as to the amounts, if any, from the capital
reserve fund and/or sinking funds available for payments, other current capital payments or debt
service during the ensuing fiscal year; and (5) a statement of the estimated net County tax
requirements, determined by subtracting the total estimated revenues, other than taxes to be
levied, and such contributions from any other available surplus funds, from the total
recommended expenditures for the ensuing fiscal year.
(i) Moneys Received Not Included. Moneys received by the County but required
by law to be paid to the State of New York or to the units of government within the County shall
not be included in the expenditures and revenues anticipated in the budget, provided, however,
that this shall not apply to moneys paid to local governmental units within the County on
accounts of delinquent taxes.
Section 29.05. Tentative County Budget; Submission to County Legislature.
(a) Preparation of Resolutions. The County Executive shall cause to be prepared
proposed appropriation and tax levying resolutions referring to the tentative budget and making
provision for the conduct of the County government for the ensuing fiscal year.
The
appropriations set forth in such resolutions shall be classified by funds and units of County
government, which shall be subdivided according to units of organization, but need not be
further classified than by personal services and other than personal services. Such resolutions
shall be filed with the Clerk of the County Legislature as prescribed in paragraph (b) of this
section.
Article XXIX - 7
(b) Submission to County Legislature. On or before the first day of November of
each year, the County Executive shall submit to the Clerk of the County Legislature the tentative
budget, including both the operating budget and the capital budget for the ensuing fiscal year, the
proposed appropriation and tax levying resolutions as prescribed by paragraph (a) of this Section,
the capital program for the ensuing five fiscal years, together with an accompanying budget
message as prescribed by paragraph (c) of this Section. The tentative operating budget, the
tentative capital budget, the budget message and the appropriation and tax levying resolutions
shall be combined as one document, which shall constitute the tentative County budget for the
ensuing fiscal year. The Tentative County budget shall be submitted in a form consistent with
the Uniform System of Accounts for Counties prescribed by the New York State Department of
4
Audit and Control.
(c) Budget Message. The County Executive's budget message shall include an
outline of fiscal policy for the County government, describing the important features of the
current budget with reference both to proposed expenditures and anticipated income, and a
general summary showing the current and capital requirements for the budget year, with
supporting schedules, which shall exhibit the aggregate figures of the current budget in such
manner as to show a balanced relation between the proposed expenditures and the total
anticipated income for the fiscal year covered by it, and which shall compare these figures with
the corresponding figures of the last completed fiscal year, and the year in progress. The
message shall contain such comments with respect to the capital program and budget as the
County Executive may deem advisable, including the probable effect thereof for each of the
years involved.
Article XXIX - 8
(d) Available as Public Record. Upon submission, the tentative County budget
shall become a public record in the office of the Clerk of the County Legislature. Copies of the
same shall be made available by the County Executive for distribution.
(e) Review by County Legislature or Designated Committee and by Planning and
Capital Projects Committee.
41
The County Legislature, or a committee designated by such
body, shall review the tentative County Operating Budget as submitted by the County Executive,
and shall, not later than the thirtieth day of November, file with the Clerk of the County
Legislature its report, including any recommendations proposed therein. The Planning and
Capital Projects Committee of the County Legislature shall separately review the tentative
County Capital Budget as submitted by the County Executive and shall, not later than the
thirtieth day of November, file with the Clerk of the County Legislature, its report, including any
recommendations proposed therein. Such reports shall become a public record in the office of
the Clerk of the County Legislature. Copies of the same shall be made available by the Clerk of
5
the County Legislature for distribution.
Section 29.06. Public Hearing.
Not later than the thirtieth day of November, the Clerk of the County Legislature
shall cause to be published in the official newspapers, a notice of the place and time, not less
than five days after such publication, nor later than the fifth day of December, at which the
County Legislature or a committee designated by such body, will hold a public hearing on the
tentative County budget, submitted by the County Executive and the reports submitted by the
County Legislature or a committee designated by such body and by the Planning and Capital
Projects Committee. At such hearing, any person may be heard for or against the tentative
County budget submitted by the County Executive or any item thereof and the reports or any
Article XXIX - 9
item thereof submitted by the County Legislature or a committee designated by such body and
6, 42
by the Planning and Capital Projects Committee.
Section 29.07. Adoption of Budget.
(a) Board Action After Hearing. After the conclusion of the public hearing, the
County Legislature may strike items of appropriation or anticipated revenues from the tentative
budget or reduce items therein, excepting appropriations required by law or for debt service. The
Board may add items to or increase items in such budget, provided that such additions or
increases are stated separately and distinctly.
(b)
Return to County Executive.
If the budget as passed by the County
Legislature contains any such additions, increases and/or decreases, the same shall be presented
by the Clerk of the County Legislature to the County Executive not later than the tenth of
December, for his consideration of such additions, increases, and/or decreases. If the County
Executive approves all the additions, increases and/or decreases, he shall affix his signature to a
statement thereof and return the budget and such statement to the Clerk of the County
Legislature. The budget, including the additions, increases, and/or decreases, as part thereof,
7
shall then be deemed adopted.
(c) County Executive Veto. The County Executive may object to any one or
more of such additions, increases, and/or decreases, and in such case shall append to the budget,
a statement of the additions, increases, and/or decreases to which he objects with the reasons for
his objection, and shall return the budget with his objections to the Clerk of the County
Legislature, who shall present the same to the County Legislature at a meeting to be held no later
than the twentieth day of December.
The County Legislature shall thereupon enter the
objections upon its journal and proceed to consider the additions, increases and/or decreases so
Article XXIX - 10
objected to.
If upon such consideration, two-thirds (2/3) of all members of the County
Legislature vote to approve such additions, increases, and/or decreases, or any of them, the
budget with the additions, increases, and/or decreases so approved, together with any additions,
increases, and/or decreases not so objected to by the County Executive, shall by resolution be
8
deemed adopted.
(d) County Executive's Failure to Act. If a budget with additions, increases,
and/or decreases is not returned by the County Executive to the Clerk of the County Legislature
with his objections on or before the fifteenth day of December, it shall be deemed adopted, as so
9
modified.
(e) County Legislature's Failure to Act. If a budget has not been adopted, as
herein provided, on or before the twenty-first day of December, then the tentative budget as
submitted by the County Executive, plus all additions, increases, and/or decreases to which he
10
has failed to object, shall be the budget for the ensuing fiscal year.
(f) Certification of Budget. Four copies of the budget as adopted shall be
certified by the County Executive and by the Clerk of the County Legislature. One such copy
shall be filed in the office of the County Executive and one each in the offices of the
Comptroller, the Commissioner of Finance and the Clerk of the County Legislature. The budget
as so certified shall be printed or otherwise reproduced and copies shall be made available.
Section 29.08. Levy of Taxes; Inclusion of Reserve for Uncollected Taxes.
The net County tax requirement, determined by subtracting the total estimated
revenues from the total proposed expenditures as set forth in the adopted budget, shall be levied
in advance of the start of the fiscal year by the County Legislature on the taxable real property of
the several tax districts of the County. The taxes so levied shall include an amount to be known
Article XXIX - 11
as "reserve for uncollected taxes" which shall be a County charge. The County Legislature shall
fix the amount of such reserve at such a sum as they may deem sufficient to produce in cash
from the collection of taxes and other revenues during the year, monies required to meet the
estimated expenditures of such year, provided, however, that such reserve shall be not less than
the face amount of unpaid taxes for the proceeding completed fiscal year.
Section 29.09. Appropriations; Supplemental and Emergency.
If, during any fiscal year there are available for appropriation (1) Revenues
received from sources not anticipated in the budget for that year, and (2) revenues received from
anticipated sources but in excess of the budget estimates therefor, the County Legislature may
make supplemental appropriations for the year not in excess, however, of such additional
revenues. To meet a public emergency affecting life, health or property, the County Legislature
may make emergency appropriations. To the extent that there are no available unappropriated
revenues to meet such appropriations, the County Legislature may authorize the issuance of
obligations pursuant to applicable law.
Section 29.10. Appropriation: Reduction.
If at any time during the fiscal year, it appears that the revenues available will be
insufficient to meet the amounts appropriated, the County Executive shall report to the County
Legislature without delay the estimated amount of the deficit, remedial action taken by him, and
his recommendations as to further action. The County Legislature shall take such action as it
deems necessary to prevent any deficit. For that purpose it may, by resolution, reduce one or
more appropriations; but no appropriation for debt service may be reduced, and no appropriation
may be reduced by more than the unencumbered balance thereof or below any amount required
by law to be so appropriated; the Board may also, if it so desires authorize borrowing
Article XXIX - 12
temporarily pursuant to applicable law in an amount not greater than such deficit for such
purposes.
Section 29.11. Transfer Within Executive Unit.
The County Executive may, at any time during the fiscal year, transfer part or all
of any unencumbered appropriation balance between classifications of expenditures within the
same unit of County government. If the County Executive requests in writing, the County
Legislature by resolution may transfer part or all of any unencumbered appropriation balance
from one County unit to another. But no transfer shall be made from appropriations for debt
service, and no appropriation may be reduced below any amount required by law to be
appropriated.
Section 29.12. Budget Controls.
(a) No County officer, employee, executive unit or other spending agency shall,
during a fiscal year, expend, or contract to expend, any money or incur any liability, or enter into
any contract which, by its terms, involves the expenditure of money in excess of the amounts
appropriated or having been authorized to be borrowed pursuant to the local finance law, by the
County Legislature.
The unexpended balance of each current appropriation, less the
commitments outstanding at the close of the fiscal year for which it was made, shall lapse at the
close of such fiscal year and shall be deemed as revenue for the purpose of preparing, during the
following fiscal year, the tentative County budget for the ensuing fiscal year pursuant to (2) of
paragraph (h) of Section 29.04 of this Article, and in this respect no assignment of a requisition
number or a request by letter or other means to the Comptroller or any other County Officer from
any unit of County government for the purpose of holding over after the close of such fiscal year
any unencumbered balance, or part thereof, of any appropriation shall be construed to be a
Article XXIX - 13
commitment or the encumbering of any such appropriation; provided that nothing herein
contained shall be construed to require the lapsing of appropriations which may or are required
to be made for an indefinite period or which include state refunds, allocations or grants
applicable to said appropriations pursuant to any other provisions of law; and provided further
that nothing herein shall be construed to prevent the making of appropriations or contracts for the
construction of permanent public improvements or works not to be completed during the fiscal
year, or the acquisition of property therefore, or for leases or the establishment of bond or capital
accounts, sinking funds or reserve funds and each such appropriation, account or fund shall
continue in force until the purposes for which it was made shall have been accomplished or shall
have been abandoned. Any contract, verbal or written made in violation of this section shall be
null and void.
(b)
The County Executive shall maintain control at all times over the
expenditures of every unit of County government. For such purposes, the County Executive
may, among other things, (1) require prior to the beginning of any fiscal year, the submission by
the head of each unit or authorized agency of revised work programs based on appropriations in
the adopted budget for such fiscal year and originally submitted as tentative work programs for
such year by the head of each such unit or authorized agency pursuant to paragraph (a) of
Section 29.04 of this article; and (2) prescribe quotas and allotments, and no unit, officer,
employee or financial activity of the county shall encumber its appropriation in an amount in
excess of that allowed by any quota or allotment so prescribed.
Section 29.13. Contingent Funds.
The County Legislature by resolution, may at any time appropriate all or any part
of the moneys in the general contingent fund for general County purposes.
Article XXIX - 14
4
Section 19.05*. Tentative County Budget; Submission to County Legislature. (b)
amended by Resolution No. 176 of 1989. Local Law No. 2 of 1989. *Section 19.05 is now
Section 29.05.
5
Section 19.05*. Tentative County Budget; Submission to County Legislature. (e)
amended by Resolution No. 359 of 1989. Local Law No. 7 of 1989. *Section 19.05 is now
Section 29.05.
6
Section 19.06*. Public Hearing. amended by Resolution 359 of 1989. Local Law
No. 7 of 1989. *Section 19.06 is now Section 29.06.
7
Section 19.07*. Adoption of Budget. (b) amended by Resolution No. 176 of
1989. Local Law No. 2 of 1989. *Section 19.07 is now Section 29.07.
8
Ibid., (c).
9
Ibid., (d).
10
Ibid., (e).
41
Section 19.05. Tentative County Budget; Submission to County Legislature(e),
amended by Resolution No. 288 of 1995, to include review by the Planning & Capital Projects
Committee. Local Law No. 3 of 1995.
42
Section 19.06. Public Hearing. amended by Resolution No. 288 of 1995, to
include reference to Planning and Capital Projects. Local Law No. 3 of 1995.
53
Article XIX, Financial Procedures renumbered XXIX by Resolution No. 195 of
1997. Local Law No. 6 of 1997.
Article XXIX - 15
A R T I C L E XXX
__________________
OTHER COUNTY UNITS
Section
30.01.
Medical Examiner; Appointment; Revocation;
Operation of Office.
30.02.
Fire Advisory Board; Members; Appointment;
Powers and Duties.
30.03.
Other County Units.
30.04. 63, 69
Office for the Aging.
30.05.
Architect, Engineer and Construction
Management Consultant Selection Committee. 20, 56, 58, 60
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Article XXX - 1
Section 30.01.
Medical Examiner; Appointment; Revocation; Operation of
Office.
(a)
Medical Examiner; Appointment; Revocation.
Upon appointment of a
Medical Examiner and his deputies as provided in Article XXX of the Charter, a certificate of
such appointment shall be filed and recorded in the Office of the County Clerk. The Medical
Examiner, before entering upon the duties of his office, shall take and file the prescribed oath of
office and furnish and file the required undertaking. The appointment of the Medical Examiner
and any of his deputies may be revoked at any time by the County Executive by the filing of a
certificate of such revocation in the Office of the County Clerk.
(b) Medical Examiner; Jurisdiction to Investigate Deaths. The Medical Examiner
shall have jurisdiction and authority to investigate the death of every person dying within the
County of Dutchess or whose body is found within the County which is or appears to be:
(1) a violent death, whether by criminal violence, suicide or casualty;
(2) a death caused by unlawful act or criminal neglect;
(3) a death occurring in a suspicious, unusual or unexplained manner;
(4) a death caused by suspected criminal abortion;
(5) a death while unattended by a physician, so far as can be discovered,
or where no physician, able to certify the cause of death as provided in the public health law and
in a form as prescribed by the Commissioner of Health, can be found;
(6) a death of a person confined in a public institution other than a
hospital, infirmary or nursing home.
(c) Manner of Investigation.
1. When the Medical Examiner is informed of the occurrence of a death
within his jurisdiction as defined in the previous section, he shall go at once to the place where
the body is and take charge of it. The Medical Examiner shall have authority to the extent
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Article XXX - 2
required for the investigation, to remove and transport the body upon taking charge of it,
notwithstanding any general, special or local law.
2.
The Medical Examiner shall fully investigate the essential facts
concerning the death, taking the names and addresses of as many witnesses thereto as it may be
practicable to obtain, and before leaving the premises shall reduce all such facts to writing. He
shall take possession of any portable objects which, in his opinion, may be useful in establishing
the cause or means of death.
3. In the course of the investigation, the Medical Examiner shall make or
cause to be made such examinations, including an autopsy, as in his opinion are necessary to
establish the cause of death, or to determine the means or manner of death, or to discover facts,
the ascertainment of which is requested in writing by a District Attorney, or a Sheriff, or the
Chief of a police department of a City or the County, or the Superintendent of State Police, or the
Commissioner of Correction. The authority to make any examination as provided in this Section
includes the authority to remove, retain and transport or send, for the purpose of the examination,
any tissue or organs and any portable object. The Medical Examiner shall have power to
subpoena and examine witnesses under oath in the same manner as a magistrate in holding a
court of special sessions.
(d) Advice, Consultation and Assistance. The Medical Examiner shall have
authority, when necessary in his opinion, to consult with and to request advice, consultation or
other assistance from any officer of a department of the State government, from any Medical
Examiner of any city or county, from any coroner or coroner's physician of any county, or from
the head of any public health laboratory, police laboratory or state or municipal laboratory or
from any member of the staff of such laboratory designated for such purposes by the head
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thereof, or from any physician qualified to make postmortem examinations and to testify there
on; and to request from any such person such tests, examinations or analysis and reports with
respect thereto as are necessary in his opinion, with respect to the body of the deceased or any
part thereof or with respect to any other matter related to his investigation.
(e) Employment of Stenographer. When the services of a stenographer shall not
have been provided by the County Legislature, or if a stenographer so provided is not available,
the Medical Examiner shall have the power to employ a stenographer for the purpose of taking
statements and reducing to writing the testimony of witnesses or of transcribing or reproducing
any report or document required by his investigation. If the County Legislature has not fixed any
rate of compensation, such stenographer shall be paid for taking and transcribing minutes at the
rate charged by official court stenographers in the County of Dutchess.
(f) Reports and Records.
1. The writing made by the Medical Examiner at the place where he takes
charge of the body shall be filed promptly in the Office of the Medical Examiner. The testimony
of witnesses examined before him and the report of any examination made or directed by him
shall be made in writing or reduced to writing and thereupon filed in such office.
2. The report of any autopsy or other examination shall state every fact
and circumstance tending to show the condition of the body and the cause and means or manner
of death. The person performing any autopsy for the purpose of determining the cause of death
or means or manner of death, shall enter upon the record the pathological appearance and
findings, embodying such information as may be prescribed by the State Commissioner of
Health, and append thereto the diagnosis of the cause of death and of the means or manner of
death. Methods and forms prescribed by the State Commissioner of Health for obtaining and
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Article XXX - 4
preserving records and statistics of autopsies conducted within the State shall be employed. A
detailed description of the findings, written during the progress of the autopsy, and the
conclusions drawn therefrom shall, when completed, be filed in the Office of the Medical
Examiner.
3. The Medical Examiner shall keep full and complete records, properly
indexed, stating the name, if known, of every person whose death is investigated, the place
where the body was found, the date of death, if known, and if not known, the date or
approximate date as determined by the investigation, to which there shall be attached the original
report of the Medical Examiner and the detailed findings of the autopsy, if any. Such records
shall be kept in the Office of the Medical Examiner.
4. Such records as required in this Section shall be open to inspection by
the District Attorney. Upon application of the personal representative, spouse or next of kin of
the deceased or any person who is or may be affected in a civil or a criminal action by the
contents of the record or any investigation, or upon application of any person having a
substantial interest therein, an order may be made by court of record, or by a Justice of the
Supreme Court, that the record of that investigation be made available for his inspection, or that
a transcript thereof be furnished to him, or both.
5. The Medical Examiner shall promptly deliver to the District Attorney
copies of all records pertaining to any death whenever, in his opinion or in the judgment of the
person performing the autopsy, there is any indication that a crime was committed.
(g) Disposition of Money or Property Found on Deceased.
1. Money and other property found upon the body of the deceased, not
required for the purpose of the investigation, shall be delivered to the Commissioner of Finance
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of the County of Dutchess. Unless claimed in the meantime by the legal representatives of the
deceased, articles held for the purpose of the investigation, except such writings of the deceased
as may be relevant to the diagnosis of means or manner of death, shall be delivered to the
Commissioner of Finance of the County of Dutchess at the conclusion of the investigation.
2. Upon the delivery of the money to the Commissioner of Finance, he
must place it to the credit of the County. If other property is delivered to him he must, within
one year, sell it at public auction upon reasonable public notice, and must, in like manner, place
the proceeds to the credit of the County.
3.
If the money be demanded within six (6) years by the legal
representatives of the deceased, the Commissioner of Finance must pay it to them, after
deducting the amount of expenses incurred in connection therewith, or it may be so paid at any
time thereafter, upon the order of the County Legislature; provided, however, that such money
may be so paid at any time upon written order of the Surrogate of the County of Dutchess.
4. Before auditing and allowing the account of the Medical Examiner, the
County Legislature must require from him a statement in writing of any money or other property
found upon persons whose deaths he has investigated, verified by his oath to the effect that the
statement is true and that the money or property mentioned in it has been delivered to the legal
representatives of the deceased, or to the Commissioner of Finance.
Section 30.02. Fire Advisory Board; Members; Appointment; Powers and Duties.
There shall be a Fire Advisory Board whose members shall be appointed by the
County Legislature in the manner and for the term provided by law. Each member of the Fire
Advisory Board holding office on the effective date of this Code shall continue in office for the
balance of his term, at the conclusion of which the applicable appointive provisions of this Code
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Article XXX - 6
shall become operative. The Fire Advisory Board shall have the powers and duties conferred
upon it by the Charter, this Code or other applicable law.
Section 30.03. Other County Units.
There shall be a County Historian, appointed by the County Executive, subject to
confirmation by the County Legislature. He shall serve at the pleasure of the County Executive.
He shall have all the powers and perform all the duties now or hereafter conferred or imposed
upon him by law and perform such other and related duties required by the County Executive or
the County Legislature.18,39
Section 30.04. 19, 63, 69
Office for the Aging. The Director of the Office for the
Aging shall:
(1) be responsible for providing the following general services in connection with
the County’s aging population which shall include but not be limited to:
a. Plan environmental and personal services to meet the needs of the
elderly through the evaluation of services and the identification of major problems affecting the
elderly;
b. Stimulate and review needed programs and services for the elderly;
c. Conduct research on the needs of the elderly in this community and
develop alternative means of meeting these needs;
d. Cooperate with elderly citizens and organizations servicing or
representing the elderly to meet the needs of the elderly population of the community;
e. Provide information relative to programs and services for the elderly in
the community and sources of support for programs and services;
f. Encourage the cooperation of agencies servicing the elderly; and
g. Recommend to and cooperate with federal, state and local agencies in
the development of policy toward the elderly.
(2) The Director of the Office for the Aging may from time to time add or delete
such programs as allowed by statute, rule or regulation.
(3)
Advisory Board, Officers, Powers and Duties.
Advisory Board shall continue without interruption or change.
The existing Aging
Advisory Committee, Officers, Powers and Duties.
It shall consist of not less than 9 nor more than 18 members appointed by the
County Executive whose function and duty it will be to advise the Director on matters related to
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the operation of said division. The term for which the members shall be appointed to serve shall
be as follows:
1. One-third of the membership to serve for a one year term;
2. One-third of the membership to serve for a two year term;
3. One-third of the membership to serve for a three year term;
4. Upon the termination of the term of each member, succeeding members
shall be appointed for a three year term.
At least half of the membership of the committee shall include actual or potential
consumers of services provided by the County for older persons, with the remainder of the group
to be broadly representative of major public and private agencies and organizations in the County
concerned with the interests of older persons and other persons who are interested in or have
demonstrated special interests in the special needs of the elderly. In the event of the death or
resignation of any member, his/her successor shall be appointed to serve for the unexpired period
of the term for which such member has been appointed. The County Executive may appoint
county officials to serve ex officio on this committee.
The Chairperson shall be elected from the membership of the Committee by the
Committee members to serve for a term of one year. The Chairperson shall preside at all
Committee meetings and represent the Committee.
The Vice-Chair shall be elected from the membership of the Committee by the
Committee members to serve for a term of one year. The Vice-Chair shall, in the absence of the
Chairperson act in his place.
Section 30.05. Architect, Engineer and Construction Management Consultant
Selection Committee. 20, 60
The County Executive shall convene an Architect, Engineer and Construction
Management Consultant Selection Committee for the County of Dutchess.
1.
Membership of the Architect, Engineer and Construction Management
Consultant Selection Committee:
a. There will be an Architect, Engineer and Construction Management
Consultant Selection Committee consisting of ten (10) members as follows:
Commissioner of Finance
Commissioner of Planning and Development
Commissioner of Public Works
Majority Leader of the County Legislature or
his/her designee from the County Legislature
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Article XXX - 8
Minority Leader of the County Legislature or
his/her designee from the County Legislature
Chairman of the Public Works and Capital Projects Committee or
his/her designee from the Public Works and Capital Projects Committee
County Attorney or his/her designee from the
County Attorney's Office
Chairman of the Budget, Finance, and Personnel Committee or
his/her designee from the Budget, Finance, and Personnel Committee
Chairman of the County Legislature or his/her
designee from the County Legislature
Appointee to be appointed by the Chairman of the
Legislature
b. The Chairman of the Public Works and Capital Projects Committee of
the Dutchess County Legislature shall serve as Chairman of this Committee.
c. The Comptroller, County Clerk, Sheriff and District Attorney or their
respective designee shall be members of the Committee with full rights and voting privileges
when such proposed capital construction projects directly involve their department.
2. Powers and Duties of the Architect, Engineer and Construction Management
Consultant Selection Committee:
a.
The Architect, Engineer and Construction Management Consultant
Selection Committee will assess the qualifications of all architects, engineers and construction
management consultants whose services may be used in the construction of capital projects, for
which an amount of TWO MILLION ($2,000,000) DOLLARS or more will be spent;
56, 58
b. The Architect, Engineer and Construction Management Consultant
Selection Committee will recommend the best qualified architect, engineer and construction
management consultant based upon an evaluation of the candidate’s credentials, experience and
fee offer and report the results of its findings and recommendations to the County Executive; and
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c.
The Architect, Engineer and Construction Management Consultant
Selection Committee shall have the power to establish the necessary rules and regulation for the
conduct of its business.
18
Section 30.03. Other County Units. amended by Resolution No. 46 of 1983.
Local Law No. 2 of 1983.
19
Section 30.04. Office for the Aging; Director; Powers and Duties; Annual
Report. (a), (b) and (c) added by Resolution No. 117 of 1973. Local Law No. 4 of 1973.
20
Section 30.05. Architect, Engineer & Construction Management Consultant
Selection Committee. amended in its entirety by Resolution No. 266 of 1991. Local Law No. 3
of 1991.
39
Section 30.03. Other County Units. amended by Resolution No. 328 of 1993, by
deleting therefrom the terms “ Director of Civil Defense” and “a Fire Coordinator”. Local Law
No. 8 of 1993.
56
Section 30.05. Architect, Engineer and Construction Management Consultant
Selection Committee 2(a) amended by Resolution No. 200 of 1997. Local Law No. 7 of 1997.
58
Section 30.05. Architect, Engineer and Construction Management Consultant
Selection Committee 2(a) amended by Resolution No. 201235. Local Law No. 6 of 2001.
60
Section 30.05. Architect, Engineer and Construction Management Consultant
Selection Committee 1(a) and 1(b) amended by Resolution No. 204094. Local Law No. 2 of
2004.
63
Section 30.04. Office for the Aging; Director; Powers and Duties; Annual
Report. deleted by Resolution No. 2010349. Local Law No. 4 of 2011.
69
Section 30.04.
Law #7 of 2012.
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Article XXX - 10
A R T I C L E XXXI
___________________
DUTCHESS COMMUNITY COLLEGE
Section
31.01.
Dutchess Community College; Financial Administration.
31.02.
Board of Trustees; Powers and Duties.
31.03.
Petty Cash Fund.
31.04.
Periodic Audits of Accounts.
Article XXXI - 1
Section 31.01. Dutchess Community College; Financial Administration.
The appropriations by the County Legislature for maintenance of the Dutchess
Community College shall be made in whole to the Board of Trustees of the College for
expenditures by the Board of Trustees subject to the terms and conditions of such appropriations
and to such regulations concerning the custody, deposit and payment and audit thereof as the
County Legislature
may deem proper.
Section 31.02. Board of Trustees; Powers and Duties.
The Board of Trustees may elect a Treasurer, establish a bank account or accounts
in the name of the College, and deposit therein monies received or collected by the College,
including monies appropriated by the County Legislature, monies received from tuition, fees,
charges, sales of products and services, and from all other sources. The Board of Trustees of the
College may, subject to the requirements specified by the County Legislature pursuant to Section
31.01 of the Code, authorize the Treasurer to pay all proper bills and accounts of the College,
including salaries and wages, from funds in its custody. The Board of Trustees shall promulgate
appropriate policy and procedures for procuring and managing the property of the College
notwithstanding any provisions of Sections 3.01 and 18.01 to the contrary. The Treasurer shall
execute a bond or official undertaking to the Board of Trustees of the College in such sum and
with such sureties as the Board of Trustees shall require, the expenses of which shall be a
College charge.
Section 31.03. Petty Cash Fund.
The Board of Trustees of the College may authorize the Treasurer to establish and
maintain petty cash funds, not in excess of Two Hundred Dollars, each for specified College
Article XXXI - 2
purposes or undertakings, from which may be paid, in advance of audit, properly itemized and
verified or certified bills for materials, supplies or services furnished to the College for the
conduct of its affairs and upon terms calling for the payment of cash to the vendor upon the
delivery of any such materials or supplies or the rendering of any such services. Lists of all
expenditures made from such petty cash funds shall be presented to the Board of Trustees at each
regular meeting thereof, together with the bills supporting such expenditures, for audit, and the
Board of Trustees shall direct reimbursement of such petty cash funds from the appropriate
budgetary item or items in an amount equal to the total of such bills which it shall so audit and
allow. And any of such bills or any portion of any of such bills as shall be disallowed upon audit
shall be the personal responsibility of the Treasurer and such official shall forthwith reimburse
such petty cash fund in the amount of such disallowance.
Section 31.04. Periodic Audits of Accounts.
The Board of Trustees of the College shall provide for periodic audits of all
accounts maintained at its direction and render such reports respecting any and all receipts and
expenditures of the College as the County Legislature, the County Executive or the County
Comptroller may direct.
Article XXXI - 3
A R T I C L E XXXII 55, 59
_____________________
GENERAL PROVISIONS
Section
Section 32.01.
Approval Of Contracts By County Legislature.
Section 32.02.
Approval Of Contracts By County Attorney.
Section 32.03.
Compensation Of Officers.
Section 32.04.
Compensation Where More Than One Position Held.
Section 32.05.
Power To Administer Oaths And Issue Subpoenas.
Section 32.06.
Acting Heads Of Executive Units.
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Article XXXII - 1
Section 32.01. Approval Of Contracts By County Legislature.
Except as otherwise provided in the Charter or this Code, any contract to which the
County is a party shall require approval by the County Legislature, if said contract is for:
(a)
(b)
(c)
(d)
The sale, lease, or purchase of real property.
The alteration or demolition of a building or other structure.
The erection or construction of a building or other structure, whether constructed
on site or off site, and whether leased or purchased.
The provision of facilities or the rendering of services by, for or with any
municipality, public authority, or combination thereof.
As used herein, the term building shall include a trailer, modular unit, or other type
structure either attached to an existing county building or free standing.
The County Executive shall execute all contracts on behalf of the County except as
otherwise provided in the Charter or this Code.
Section 32.02. Approval Of Contracts By County Attorney.
All contracts to be executed by any person authorized by the Charter or this Code on
behalf of the County shall first be approved as to form by the County Attorney. A copy of such
contract, when executed, shall be filed with the Commissioner of Finance, the Comptroller, and
the County Legislature when approval of said board is required for such contract.
Section 32.03. Compensation Of Officers.
Any salary fixed by the County Legislature of an officer paid from County funds shall be
in lieu of all fees, percentages, emoluments, or other form of compensation payable for services
rendered in the performance of the powers and duties of the office, provided, however, that any
officer required by law to reside at a County institution, or authorized and directed by the County
Executive, may be furnished maintenance or any part thereof at a County institution. Such
maintenance shall be defined and the value thereof determined by resolution of the Board, and
the amount so determined shall constitute a part of the salary fixed for any such officer.
Section 32.04. Compensation Where More Than One Position Held.
Whenever the Charter or this Code provides that the head of a unit of county government
may act as the head of a sub-unit of such unit, the head of such unit shall not receive any
additional compensation for acting as the head of such sub-unit. Whenever the County
Legislature authorizes any person paid from County funds to perform the duties of more than one
position, such person shall be paid the salary for only one position as the County Executive shall
designate.
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Article XXXII - 2
Section 32.05. Power To Administer Oaths And Issue Subpoenas.
The County Executive, the Comptroller, the Chairman of the County Legislature, the
Chairman of any standing committee of the County Legislature, and such other County officers
as may be authorized by law shall have the power to subpoena and compel the attendance of
witnesses and the production of books, records, and papers, as the same may be pertinent to their
respective offices. Any County officer authorized to hold a hearing or conduct an investigation
shall have the power to administer oaths or affirmations in connection therewith.
Section 32.06. Acting Heads Of Executive Units.
Except as otherwise provided in the Charter or this Code, each head of a department or
other unit of the Executive Branch, subject to the approval of the County Executive, shall
designate in writing, in order of succession the member or members of the department or other
unit who shall act in his place in the event of his absence from the County or inability to perform
or exercise the powers and duties of his office. Such designation shall be filed with the County
Clerk and the Clerk of the County Legislature and may be revoked at any time by the filing of a
new written designation and order of succession. The designee so acting shall have all the
powers and perform all the duties of the head of the department or other unit making such
designation.
55
Article XXXII, General Provisions, deleted in its entirety by Resolution No. 195
of 1997. Local Law No. 6 of 1997.
59
Article XXXII, General Provisions, added by Resolution No. 202025. Local Law
No. 2 of 2002.
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Article XXXII - 3
A R T I C L E XXXIII
_____________________
SERVICE RELATIONSHIPS
Section
33.01.
Municipal Cooperation.
Article XXXIII - 1
Section 33.01. Municipal Cooperation.
The provisions of Article XXXIII of the Charter shall be implemented according
to Article 5-g of the General Municipal Law of the State of New York, unless and until the
County
Legislature shall, by local law, provide for another method.
Article XXXIII - 2
A R T I C L E XXXIV
____________________
CODE APPLICATIONS AND TRANSITIONAL PROVISIONS
Section
34.01.
Amendment.
34.02.
Legislative Intent.
34.03.
Application of General Laws.
34.04.
Pending Actions and Proceedings.
34.05.
Judicial Notice.
34.06.
Separability.
34.07.
Construction.
34.08.
Effective Date.
Article XXXIV - 1
Section 34.01. Amendment.
This Code may be amended by local law in the manner provided in the Municipal
Home Rule Law of New York State.
Section 34.02. Legislative Intent.
It is the intent of the County Legislature by this local law to provide an
Administrative Code for the governing of the County of Dutchess supplemental to the provisions
of the County Charter, and to provide herein an enumeration of specific powers, but such
enumeration shall not operate to exclude or restrict other powers comprehended by a general
grant of power.
Section 34.03. Application of General Laws.
Every provision of the general laws of the State of New York, applicable to the
County of Dutchess, shall prevail where no similar or comparable provision is made or can fairly
be inferred from this Code or the County Charter; but where inconsistent or conflicting with any
provisions of this Code or the County Charter, shall be deemed superseded to the extent of such
inconsistency or conflict.
Section 34.04. Pending Actions and Proceedings.
No action, suit or proceeding commenced before the effective date of this Code
shall be effected by the adoption hereof or by any of the provisions herein contained, but shall be
continued as if this Code had not taken effect.
Section 34.05. Judicial Notice.
All courts shall take judicial notice of all laws contained in this Code and of all
local laws, acts, resolutions, rules, regulations and ordinances adopted pursuant to the County
Charter or this Code.
Article XXXIV - 2
Section 34.06. Separability.
If any word, phrase, clause, sentence, paragraph, section or part of this Code shall
be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect,
impair or invalidate the remainder or any other part or portion of this Code, but shall be confined
in its operation to such portion, section, sections or parts thereof directly involved in the
controversy in which such judgment shall have been rendered.
Section 34.07. Construction.
This Code shall be construed liberally to effect the objects and purpose hereof.
Section 34.08. Effective Date.
This Code shall take effect January First, Nineteen Hundred Sixty-Eight.
Article XXXIV - 3
NOTES
1
VOID
2
VOID
3
VOID
4
Section 19.05*. Tentative County Budget; Submission to County Legislature. (b)
amended by Resolution No. 176 of 1989. Local Law No. 2 of 1989. *Section 19.05 is now
Section 29.05.
5
Section 19.05*. Tentative County Budget; Submission to County Legislature. (e)
amended by Resolution No. 359 of 1989. Local Law No. 7 of 1989. *Section 19.05 is now
Section 29.05.
6
Section 19.06*. Public Hearing. amended by Resolution No. 359 of 1989. Local
Law No. 7 of 1989. *Section 19.06 is now Section 29.06.
7
Section 19.07*. Adoption of Budget. (b) amended by Resolution No. 176 of
1989. Local Law No. 2 of 1989. *Section 19.07 is now Section 29.07.
8
Ibid., (c).
9
Ibid., (d).
10
Ibid., (e).
11
VOID
12
Section 20.02. Procedure for Audit of Claims. amended in its entirety by
Resolution No. 45 of 1983. Local Law No. 4 of 1983.
13
Section 23.02. Staff of Sheriff. (b) amended by Resolution No. 72 of 1976. Local
Law No. 6 of 1976.
14
Ibid., (d).
15
Ibid., (e).
16
Article XXIV Publication of Local Laws added by Resolution No. 261 of 1983.
Local Law No. 7 of 1983.
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Notes - 1
17
Section 24.01. Publication of Local Laws. added by Resolution No. 261 of 1983.
Local Law No. 7 of 1983.
18
Section 30.03. Other County Units. amended by Resolution No. 46 of 1983.
Local Law No. 2 of 1983.
19
Section 30.04. Office for the Aging; Director; Powers and Duties; Annual
Report. (a), (b) and (c) added by Resolution No. 117 of 1973. Local Law No. 4 of 1973.
20
Section 30.05. Architect, Engineer & Construction Management Consultant
Selection Committee. amended in its entirety by Resolution No. 266 of 1991. Local Law No. 3
of 1991.
21
Article XIII Section 13.01. Commissioner of Aviation, Powers and Duties.
repealed in its entirety by Resolution No. 318 of 1992. Local Law No. 8 of 1992.
22
Section 9.01. Commissioner of Public Works; Powers and Duties. (m) amended
by Resolution No. 318 of 1992. Local Law No. 8 of 1992.
23
Section 9.01. Commissioner of Public Works; Powers and Duties. (n) added by
Resolution No. 318 of 1992. Local Law No. 8 of 1992.
24
Ibid., (o).
25
Ibid., (p).
26
Ibid., (q).
27
Ibid., (r).
28
Ibid., (s).
29
VOID (Referred to Section 23.01)
30
VOID (Referred to Section 23.02)
31
VOID (Referred to Section 23.02)
32
VOID (Referred to Section 23.02)
33
VOID (Referred to Section 23.02)
34
VOID (Referred to Section 23.03)
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35
VOID (Referred to Section 23.04)
36
VOID (Referred to Section 23.05)
37
Article VIII, Department of Planning and Development, amended by Resolution
No. 135 of 1993, that all references to the "Department of Planning" or "Commissioner of
Planning" shall read "Department of Planning and Development" or "Commissioner of Planning
and Development". Local Law No. 4 of 1993.
38
Article XVI, deleted in its entirety by Resolution No. 327 of 1993. Local Law No.
7 of 1993.(New Article XVI added by Resolution No. 195 of 1997). Local Law No. 6 of 1997.
39
Section 30.03. Other County Units. amended by Resolution No. 328 of 1993, by
deleting therefrom the terms "a Director of Civil Defense" and "a Fire Coordinator". Local Law
No. 8 of 1993.
40
Article XXV, Department of Emergency Response. added in its entirety by
Resolution No. 328 of 1993. Local Law No. 8 of 1993.
41
Section 19.05. Tentative County Budget; Submission to County Legislature(e),
amended by Resolution No. 288 of 1995, to include review by the Planning & Capital Projects
Committee. Local Law No. 3 of 1995.
42
Section 19.06. Public Hearing. amended by Resolution No. 288 of 1995, to
include reference to Planning and Capital Projects. Local Law No. 3 of 1995.
43
Article IV, Finance, Department of renumbered VI by Resolution No. 195 of
1997. Local Law No. 6 of 1997.
44
Article V, Law, Department of renumbered VIII by Resolution No. 195 of 1997.
Local Law No. 6 of 1997.
45
Article VI, Health, Department of renumbered VII by Resolution No. 195 of
1997. Local Law No. 6 of 1997.
46
Article VII, Personnel, Department of renumbered XI by Resolution No. 195 of
1997. Local Law No. 6 of 1997.
47
Article VIII, Planning & Development, Department of renumbered XII by
Resolution No. 195 of 1997. Local Law No. 6 of 1997.
48
Article IX, Public Works, Department of renumbered XIV by Resolution No. 195
of 1997. Local Law No. 6 of 1997.
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49
Article X, Public Defense, Department of renumbered and XIII and renamed
Public Defender, Department of by Resolution No. 195 of 1997. Local Law No. 6 of 1997.
50.
Article XI, Social Welfare, Department of renumbered XVI and renamed Social
Services, Department of by Resolution No. 195 of 1997. Local Law No. 6 of 1997.
51
Article XII, Mental Hygiene, Department of renumbered IX by Resolution No.
195 of 1997. Local Law No. 6 of 1997.
52
Article XVII, Procurement Procedures renumbered XXVIII by Resolution No.
195 of 1997. Local Law No. 6 of 1997.
53
Article XIX, Financial Procedures renumbered XXIX by Resolution No. 195 of
1997. Local Law No. 6 of 1997.
54
Article XXV, Department of Emergency Response renumbered XVIII by
Resolution No. 195 of 1997. Local Law No. 6 of 1997.
55
Article XXXII, General Provisions deleted in its entirety by Resolution No. 195
of 1997. Local Law No. 6 of 1997.
56
Section 30.05, Architect, Engineer and Construction Management Consultant
Selection Committee 2 (a) amended by Resolution No. 200 of 1997. Local Law No. 7 of 1997.
57
Section 6.05*, Statement of Financial Condition (a) amended by Resolution No.
201 of 1997. Local Law No. 8 of 1997. *Section 4.05 is now Section 6.05.
58
Section 30.05. Architect, Engineer and Construction Management Consultant
Selection Committee 2(a) amended by Resolution No. 201235. Local Law No. 6 of 2001.
59
Article XXXII, General Provisions, added by Resolution No. 202025. Local Law
No. 2 of 2002.
60
Section 30.05. Architect, Engineer and Construction Management Consultant
Selection Committee 1(a) and 1(b) amended by Resolution No. 204094. Local Law No. 2 of
2004.
61
Article XI, Amended by Resolution No. 2010346. Local Law No. 1 of 2011.
62
Section 6.11. Division of Real Property Tax Services, Director, Appointment,
Term, Powers and Duties. Added by Resolution No. 2010348, Local Law No. 3 of 2011.
63
Section 30.04. Office for the Aging; Director; Powers and Duties; Annual
Report. Deleted by Resolution No. 2010349. Local Law No. 4 of 2011.
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64
Article XXIV. Department of Services for Aging, Veterans and Youth, added by
Resolution No. 2010349. Local Law No. 4 of 2011.
65
Article XXIV. Department of Services for Aging, Veterans and Youth. Article
number designation, Resolution No. 2011108. Local Law No. 6 of 2011.
66
Article XXV. Publication of Local Laws. Article number designation, Resolution
No. 2011108. Local Law No. 6 of 2011.
67
Article XXIV. Department of Services for Aging, Veterans and Youth, deleted in
its entirety by Resolution No. 2012323. Local Law #7 of 2012.
68
Article XVI, amended to add Sections 16.03, 16.04, 16.05 by Resolution No.
2012323. Local Law #7 of 2012.
69
Section 30.04.
Law #7 of 2012.
Office for the Aging. Added by Resolution No. 2012323. Local
70
Article XVI, amended to rename the Department of Social Services the
Department of Community and Family Services. Resolution No. 2012324. Local Law No. 8 of
2012.
71
Article XII, Department of Planning and Development, amended by Resolution
No. 2013088, Local Law No. 4 of 2013.
72
Article XVI, Section 16.04 Section A(5)(g) amended by Resolution No. 2013232,
Local Law No. 8 of 2013.
73
Article XVII, Department of Solid Waste Management, deleted by Resolution No.
2013089, Local Law No. 5 of 2013.
74
Article XVI, Section 16.04A (1) through (5) and Section 16.04B (1) through (4)
deleted in its entirety by Resolution No. 2014171, Local Law No. 2 of 2014.
75
Article XVI, Section 16.03(1)(e), (f) and (g) and Section 16.04A(1) through (5)
and 16.04B(1) through (4) amended by Resolution No. 2014171, Local Law No. 2 of 2014.
76
Article XVIII, Department of Emergency Response, deleted in its entirety and not
replaced, by Resolution No. 2014308. Local Law No. 1 of 2015.
77
Article XVI, Section 16.04A (6), (7) and (8) deleted by Resolution No. 2014309,
Local Law No. 2 of 2015.
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78
Article VII, amended to rename the Department of Health to the Department of
Behavioral & Community Health, update title of Commissioner in Section 7.01, subparagraph
(e), and add new Sections 7.05 and 7.06, by Resolution No. 2015250 and Local Law No. 7 of
2015.
79
Article IX, Mental Hygiene, Department of deleted by Resolution No. 2015250,
and Local Law No. 7 of 2015. The Department of Mental Hygiene merged with the Department
of Behavior & Community Health. See Article VII.
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